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A SOURCE BOOK 



IN 



AMERICAN HISTORY 

TO 1787 



COLLECTED AND EDITED 



WILLIS MASON WEST 

SOMETIME PROFESSOR OF HISTORY AND HEAD OF THE 
DEPARTMENT AT THE UNIVERSITY OF MINNESOTA 



J^^c 



ALLYN AND BACON 

Boston Ncto gork C^icaga 



.V/53 



COPYRIGHT, 1913, 
BY WILLIS MASON WEST. 



4 OC 



4«y2si-^ 



Noriuoolj ^regs 

J. 8. Gushing Co. — Berwick & Smith Co. 

Norwood, Mass., U.S.A. 



FOREWORD 

Early American history is especially suited for "source 
work " in secondary schools and undergraduate college classes. 
After the year 1800, there are too many documents and many 
of them are too long. The student can get no systematic sur- 
vey nor any sense of continuity ; and source work is therefore 
merely illustrative of particular incidents. But, for the early 
period, it is possible, by careful selection and exclusion, to lay 
a basis for a fairly connected study. 

To do this, it is necessary to combine in one volume selec- 
tions which are usually grouped separately, as "Documents" 
and as " Readings," — such, for instance, as the Massachusetts 
charter, on the one hand, and Winthrop's letters to his wife, 
on the other. Rigid scholarship may object to the inclusion 
of such different sorts of sources between the same covers. 
But students cannot be expected to own or use more than one 
volume of sources in American history ; and the practical edu- 
cational advantages of the combination seem to me to outweigh 
all possible objections — besides which, something might be 
said for the arrangement in itself, for young students, on the 
side of interest and convenience. 

A number of admirable collections of sources for schools are 
already in use. And yet, in preparing my American History 
and Oovernment,^ I found no single volume which contained 
the different kinds of source material desirable for illustration, 
while much of the most valuable material was still inaccessible 
in any collection. Some two-thirds of the selections in the 
present volume, I believe, have not previously appeared in 



1 Allyn and Bacon. 1913. 
iii 



iv FOREWORD 

Source Books ; and, for many of the customary documents, I 
have found it desirable to print parts not usually given. Thus, 
for Gorges' Patent for Maine, instead of reproducing the ter- 
ritorial grant (which is all that is given in the only Source 
Book which touches on that document), I have chosen rather 
to give the portion authorizing a degree of popular self-govern- 
ment (the reference to the " parliament in New England "). 

In a few cases, documents which might have been expected 
are not given, because extracts from them are used freely in 
the American History and Government, to which this is a com- 
panion volume. The most important cases of this character 
are noted at appropriate points. In general, in the selection 
and arrangement of documents, special emphasis has been 
given to the following topics : (1) the idealistic motives back 
of American colonization in Virginia as well as in Puritan 
New England; (2) the evolution of political institutions in 
Virginia and in typical Northern colonies, — especially of rep- 
resentative government and of the town meeting, and of such 
details as the use of the ballot; (3) the very imperfect na- 
ture of democracy, political and social, in colonial America, — 
so that the student may better appreciate our later growth ; 
(4) social conditions, — necessarily a rather fragmentary treat- 
ment ; (5) the evolution of commonwealths out of colonies in 
the Revolution ; and (6) the breakdown of the Confederation 
and the making of the Constitution. 

Many typical documents are given entire. Other selections 
are excerpted carefully. In such cases, omissions are indi- 
cated, of course, and the substance of the omitted matter is 
usually indicated in brackets. In the case of a few selections, 
like those from Winthrop's History, the original document has 
already been published in standard editions with modernized 
spelling. Such editions have been followed. The text of all 
other documents has been reproduced faithfully, except for 
such departures as are authorized in the American Historical 
Association's Suggestions for the Printing of Documents ; i.e., 
regarding the spelling out of abbreviations, and the modern 



FOREWORD V 

usage for the consonantal i and u, and the modernizing of 
punctuation when absolutely needful to prevent ambiguity. 
Some students may find a slight difficulty at first in the 
vagaries of seventeenth century orthography. But this diffi- 
culty is quickly surmounted ; and, apart from the added flavor 
that comes from the quaintness of the original, and from the 
consciousness that the copy has been strictly adhered to, there 
is often a distinct historical advantage in the practice. The 
falling away in book-culture in the second generation of New 
England colonization can hardly be suggested so forcibly in 
any other way as by following the degeneration of spelling by 
town officials — as in the Watertown records in Number 83. 
The peculiarities of type in printed documents have been pre- 
served so far as possible, but here I have taken a greater 
liberty than in any other matter of this kind. Italics and 
black-faced type have been introduced freely, to call attention 
to matter of special importance for instruction. Sometimes 
this practice has been noted in the respective introductions ; 
and in other cases there will be little difficulty in deciding 
which passages owe their prominence of this sort to the editor. 
I have tried also to add to the teaching value of the book 
by a free use of introductions to the various extracts, and 
by footnotes and addenda, with occasional " Hints for Study." 



WILLIS MASON WEST. 



WiNDAGO Farm, 
November, 1918. 



TABLE OF CONTENTS 

rtJMBER 

I. England in the Century of Colonization 

1. Classes of Englishmen ; by William Harrison ; from Holin- 
shed's Chronicles (1577) 



A. SOUTHERN COLONIES TO 1660 

II. Motives for Early Colonization 

2. Sir George Peckham's " True Report " (1582) of Gilbert's expe- 

dition ; from Richard Hakluyt's Voyages and Discoveries 

of the English Nation 4 

3. Richard Hakluyt's Discourse on Western Planting (1584) ; 

from the Maine Historical Society Collections ... 4 

4. Michael Drayton's Ode to the Virginian Voyage (1606) . . 7 

5. "Goodspeed to Virginia" (1609); by Robert Gray; from 

Brown's Genesis of the United States .... 7 

6. "Nova Britannia" (1609); anonymous; from Peter Force's 

Historical Tracts 10 

7. The "True and Sincere Declaration" by the London Com- 

pany (1609), with a "Table of such [colonists] as are re- 
quired " ; from Brown's Genesis of the United States . 12 

8. M.SLrston''s Eastward Hoe! (1605) 15 

9. Crashaw's "Daily Prayer" for use in Virginia (1609); from 

Force's Historical Tracts 15 

10. Crashaw's "Sermon" before Lord Delaware's Expedition 

(1610) ; from Brown's Genesis of the United States . 16 

11. A letter by Sir Edwin Sandys (1612) to stockholders of the 

London Company ; from Neill's Virginia and Virginiola . 17 

12. The glories of Virginia ; from a letter from Sir Thomas Dale 

(governor in Virginia) to Sir Thomas Smith (head of the 
London Company), in 1613 ; from the Becords of the Vir- 
ginia Company of London^ edited by Susan Kingsbury . 17 



TABLE OF CONTENTS vii 

NUMBER PAGE 

13. A defense of the London Company (declared not mercenary) 

by Captain John Smith (1616) ; from Smith's Generall 
Historie of Virginia ........ 18 

14. A plea for colonization on patriotic and religious grounds 

(1631), by Captain John Smith; TrorA:s .... 18 

ni. Virginia (1606-1619) , to the Introduction of Self-govern- 
ment 

15. The charter of Sir Humphrey Gilbert (1578) ; from Hakluyt's 

Voyages and Discoveries 20 

16. The Virginia charter of 1606 ; from the Appendix to Stith's 

History of Virginia 23 

17. Instructions by King James to the London Company (Novem- 

ber 20/30, 1606) ; from Hening's Statutes at Large . . 29 

18. Instructions from the Council of the Virginia Company to the 

first Jamestown expedition (December, 1606) ; from Neill's 
Virginia Company ........ 32 

19. The early settlers and their sufferings : 

a. A "Discourse" by Master George Percy (1607); 

from " Purchas his Pilgrimes" (1625) ... 35 

b. An account of "gentlemen" in Virginia, by Amos 

Todkill (1608) ; from Smith's Works ... 36 

20. The Virginia charter of 1609 (with hints for study) ; from the 

Appendix to Stith's History of Virginia .... 37 

21. The Virginia charter of 1612 (the portions relating to a more 

democratic organization of the Company and its powers) ; ib. 44 

22. The danger from Spanish attack : correspondence of Spanish 

and English ambassadors with their respective govern- 
ments ; from Brown's Genesis of the United States . . 47 

IV. Virginia under the Liberal Company, 161 9-1 624 

23. Rules of the Virginia Company (1619) ; from Force's Historical 

Tracts 51 

24. An "Order" of the Company authorizing temporary self-gov- 

ernment in its plantations (February 2/12, 1619/1620) ; 
from Susan Kingsbury's Becords of the Virginia Company 
of London 53 

25. Records of the Assembly of 1619 ; from Wynne and Gilman's 

Colonial Becords of Virginia 53 



viii TABLE OF CONTENTS 

NUMBER PAGB 

26. The "Declaration" by the Company (drawn by Sandys), June 

22/July 2, 1620, justifying the liberal management ; from 
Susan Kingsbury's Becords of the Virginia Company of 
London 63 

27. The Ordinance of 1621, — a grant of limited self-government by 

the Company to the settlers, with authorization of a repre- 
sentative Assembly ; from the Appendix to Stith's History 
of Virginia 70 

28. Attempts by King James to control the elections in the Com- 

pany in favor of the " court party " in 1620 and 1622 ; from 
Susan Kingsbury's Becords of the Virginia Company of 
London .......... 73 

V. Virginia a Royal Province : Struggle to save the Assembly 

29. Royal Commission to Governor Wyatt and his Council (1624), 

ignoring the Assembly ; from Hazard's State Papers . . 80 

30. Royal commission to Governor Yeardley (1625), to like pur- 

pose ; from Hazard's State Papers 82 

31. Protests in the Colony : 

a. The Assembly's precautionary "bill of rights," with 
statement of the principle, "No taxation without 
representation" (three laws from the session of 
March, 1624) ; from Hening's Statutes at Large . 83 

h. Requests from the colony for aid, and, indirectly, for 
an Assembly ; 

1. Letter from the Governor and Council to the 

Special Commission in England (April, 
1626) ; from the Aspinwall Papers, in Mas- 
sachusetts Historical Society Collections . 84 

2. Letter from the same to the same (May, 

1626) ; from the Virginia Magazine of 
History 85 

32. Restoration of the Assembly by royal authority (1629) : 

a. Captain Harvey's "Propositions " (after appointment 

as governor) -, ib 86 

h. The King's answer to the same \ ih 86 

c. Royal instructions to Governor Berkeley (1641) ; ih. 87 

33. Virginian legislation, financial and moral ; from Hening's Stat- 

utes at Large 87 



TABLE OF CONTENTS ix 



VI. Virginia under the Commonwealth 

NUMBER PAGE 

34. Terms of settlement between Parliamentary Commissioners and 

the Assembly (1652) ; from Hening's Statutes at Large . 90 

35. Legislation restricting the franchise, and restoring it to the old 

basis \ ih 92 

VII. Maryland to i66o 

36. Lord Baltimore's letter to Charles I (1629), describing the hard- 

ships of the Avalon colony and asking for a grant in " Vir- 
ginia"; irova ^ohdixV ^ History of Maryland ... 93 

37. The Maryland charter of 1632 ; from Bacon's Laws of Maryland 94 

38. Extracts from the Avalon charter of 1623 (with comparison 

with the Maryland grant) ; from Scharf 's History of Mary- 
land 99 

39. Excursus: Extracts from the Plowden grant of New Albion 

of 1634, and the Gorges grant of Maine of 1639 (for com- 
parison with the foregoing, in tracing the development of 
royal approval of representative institutions in the colo- 
nies) ; the documents from Hazard's State Papers . . 100 

40. The "Toleration Act" of 1649; from the Maryland Archives . 102 

B. NEW ENGLAND TO i66o 

VIII. An Early Exploration 

41. Captain George Weymouth's "True Relation" of his voyage 

in 1605 to the coast of Maine ; from the Massachusetts His- 
torical Society Collections 106 

IX. The First Source of New England Land Titles 

42. The charter of 1620 for the Plymouth Council (sometimes called 

the Council for New England) ; from Hazard's State Papers 109 

X. Plymouth Colony 

43. Negotiations between the Pilgrims and the Virginia Company 

for the Wincob charter : Cushman's letter explaining the 
delay ; from Bradford's Plymouth Plantation . . . 113 

44. Articles of Partnership between Pilgrims and London mer- 

chants : ib 114 



X TABLE OF CONTENTS 

NUMBER ■ PA6B 

45. The "farewell letter" from Pastor Robinson: the Pilgrims a 

" body politic " with power of self-government ; i6. . . 116 

46. The Mayflower Compact; ib. ; with addendum — The Exeter 

Agreement ; from Hazard's State Papers .... 116 

47. The Peirce charter of June, 1621, from the New England Coun- 

cil ; from the Massachusetts Historical Society Collections 118 

48. Early history and hardships : i 

a. Edward Winslow's letter of December, 1621, to a 

friend in England ; from Arber's Story of the Pil- 
grim Fathers 120 

b. Captain John Smith's account, in 1624 ; Works . 122 

49. The final source of Plymouth land titles : 

a. Bradford's Patent of 1630 ; from Hazard's State 

Papers 124 

b. Bradford's surrender of the same to the colony ; ib. . 126 

50. Extracts from the "Fundamental Laws" of 1636; ib. . . 127 

XL The Founding of Massachusetts Bay 

51. The Gorges claim : 

a. The charter from the New England Council to Robert 

Gorges (1622) ; from Sir Ferdinando Gorges' 

" Briefe Narration," in Hazard's State Papers . 129 

b. The Gorges expedition of 1623; ib., in Massachusetts 

Historical Society Collections 131 

52. The founding of Salem and Charlestown : White's " Relation " 

(1630); trom Young's Massachusetts Chronicles . . 132 

53. The Massachusetts Company's charter of 1629 ; from the Bec- 

ords of the Governor and Company of Massachusetts Bay, 
edited by Nathaniel Shurtleff (usually quoted here as the 
Massachusetts Colonial Becords) 137 

54. The docket of the above charter, as it was presented for royal 

approval (showing the King's expectation that the charter 
was to remain in England ; from the Massachusetts His- 
torical Society Proceedings for 1869-1870 .... 144 

1 Bradford's Plymouth Plantation, the main source for this topic, is quoted 
so extensively in the American History and Government that it is not used 
here in this connection. 



TABLE OF CONTENTS xi 

NrMBER PAGE 

55. Excursus : discussion of the original intention of the grantees 

in the Massachusetts charter as to removing to America, 
with iUuminating extracts from the "Charter of the Com- 
pany of Westminster for the Plantation of Providence 
Isle"; (the document from the manuscript in British 
Record Office) 146 

56. Agreement between the Massachusetts Company in England 

and the Rev. Erancis Higginson, on his removal to Amer- 
ica ; from Young's Chronicles of Massachusetts . . 148 
67. Establishment of a subordinate government in the colony 
(April, 1629), by order of the Company in England ; from 
the 3Iassachusetts Colonial Becords 150 

XII. The Colony Becomes Puritan 

58. The decision to transfer the government and charter to the 

colony : 

a. The first official proposal, by Governor Cradock, at a 

meeting of the Company in London (July 28, 1629) ; 
from the Massachusetts Colonial Becoi'ds . . 153 

b. The Cambridge Agreement ; from Young's Chronicles 

of Massachusetts 154 

c. The final decision by the Company ; from the Colo- 

nial Becords 156 

59. Decision of Puritan gentlemen to settle in the colony : 

a. John Winthrop's argument for a Puritan colony ; 

from Winthrop's Life and Letters of John Winthrop 157 
6. Winthrop'sreasonsforhimself coming to America; i6. 159 

c. The decision of John Winthrop, Jr. ; ib. . . . 160 

d. Higginson's "News from New England"; from 

Young's Chronicles of Massachusetts . . . 161 

60. The attitude of the early Puritan colonists toward the Church 

of England : 

a. Winthrop's farewell letter to the Church of England ; 

Life and Letters 162 

b. Captain John Smith's opinion of the Puritans in 1630 

(not Separatists) ; from Smith's Works . . . 164 

61. Political principles of the Puritan leaders (distrust of democ- 

racy) : illustrated by extracts from Calvin's Institutes . 164 



xii TABLE OF CONTENTS 



62. Early hardships and religious tendencies : 

a. From Winthrop's History of New England, 1630-1631 168 

b. From Winthrop's letters to his wife ; Life and Letters 171 

c. From Thomas Dudley's letter to the Countess of Lin- 

coln (1631) ; from Young's Chronicles of Massa- 
chusetts ......... 174 

XIII. Development of Democracy 

63. Oligarchic usurpations in 1630-1631 ; from the Colonial Records 178 

64. The " Watertown Protest" against taxation without represen- 

tation (the first popular movement), in 1632, and the con- 
sequent resumption by the democracy of some of their 
rights ; from Winthrop's History of New England . . 180 

65. Sample legislation under aristocratic rule, 1680-1633 ; from the 

Colonial Records 183 

66. The beginning of town government, at Dorchester ; from the 

Dorchester Records 188 

67. The development of representative government : 

a. Winthrop's account ; from his Histonj of New England 1 89 

b. The official records of the revolutionary General Court 

of 1634 ; from the Colonial Records . . . 191 

68. Political reaction : the magistrates demand a "negative voice " ; 

from Winthrop's History of New England .... 194 

69. The Puritan government denies free speech in political mat- 

ters ; lb 195 

70. The adoption of the ballot in elections in the General Court ; ib. 196 

71. The first use of the ballot in local elections ; ib. . . . 197 

72. A military commission with power of martial law ; from the 

Colonial Records 198 

73. Winthrop's account of various political actions : a " Life Coun- 

cil " ; extension of the ballot by the use of proxies ; restric- 
tion of "churches" to the organizations recognized by the 
government ; from Winthrop's History of Neio England . 199 

74. The Wheelwright controversy, with special reference to political 

phases \ ib. 199 

75. Political and social conditions in Massachusetts in 1636 : 

a. "Proposals" of Lords Say and Brooke, with the 
answers of John Cotton ; from the Appendix to 
Hutchinson's History of Massachusetts Bay . . 201 



TABLE OF CONTENTS xiii 

NUMBER p^gg 

b. Legislation of 1651 regarding dress of different classes ; 

from the Colonial Becords 205 

76. Attack upon the charter : 

a. An order in Council in England for its surrender ; 

from Hutchinson's Original Papers . . . 206 
6. The defiant refusal of the Colony ; from Winthrop's 

History of Neiv England 207 

77. Democratic discontent with aristocratic privilege in 1639 (Win- 

throp's denial of the right of petition ; the abolition of Life 
Council ; delay in conceding a written code) ; ib. . . 210 

78. The " Body of Liberties " ; from Whitmore's Bibliographical 

Sketch of the Laws of Massachusetts Colony . . . 214 

79. A Puritan view of the rules of fair trade (Cotton's sermon 

upon the conviction of a shopkeeper for exacting exorbi- 
tant profits) ; from Winthrop's History of New England . 225 

80. The separation of the General Court into two Houses (the first 

two-chambered legislature in America) ; the story from 
Winthrop's History of New England, and the preamble of 
the act of 1644 from the Colonial Records . . . .226 

81 . A town code of school laws (1645) ; from the Dorchester Becords 230 

82. Colonial school laws (1642 and 1647) ; from the Colonial Becords 233 
Representative town records (Watertoivn Becords, 1634-1678) 236 



83 



XIV. Massachusetts and Religious Persecution 

84. Pui-itan arguments for and against persecution : 

a. From Nathaniel Ward's Simple Cobbler of Agga- 

ivamm (1647) 246 

b. From Captain Edward Johnson's Wonder-working 

Providence of Sions Saviour in New England 
(1654) 248 

c. The discussion between Saltonstall and Cotton (about 

1650) ; from Hutchinson's Original Papers . . 249 

85. Criticism of the Massachusetts way, by a moderate Episcopalian 

and royalist (Lechford's Plaine Dealing; 1641) . 252 

86. A Presbyterian demand for the franchise in 1646 (the letter of 

Dr. Robert Child and others to the Governor and 
General Court) ; from Hutchinson's Original Papers 255 



xiv TABLE OF CONTENTS 

NTTMBER PAGE 

87. Trial and punishment of nonconformists for not attending ap- 

proved churches ; from the Colonial Becords . . . 259 

88. Quaker Persecutions : 

a. Edward Burrough's appeal to King Charles (1660) ; 

from Burrough's Sad and Great Persecution and 
Martyrdom of Quakers in New England . . 260 

b. Trial of the Quaker, Wenlock Christison (1661) ; 

from Besse's Collection of the Sufferings of the 
People called Quakers 263 

XV. Rhode Island to i66o 

89. The first covenant at Providence (1636) : a compact in "-civil 

things only" ; from the Early Records of the Town of 
Providence 267 

90. Roger Williams' argument that religious freedom is consonant 

vy^ith civil order (the ship illustration) ; from Arnold's His- 
tory of Rhode Island 268 

91. The Patent for Providence Plantation from the Council of the 

Long Parliament (1644), restricting the government to civil 
matters ; from the Rhode Island Colonial Records . . 269 

92. Rhode Island's answer to the demand of Massachusetts (a re- 

fusal to exclude Quakers) ; from the Appendix to Hutch- 
inson's Massachusetts Bay 270 

XVI. Connecticut before i66o 

93. The Fundamental Orders of 1639 ; from the Connecticut Colo- 

nial Becords ......... 273 

XVII. The New England Confederation 

94. The constitution (Articles of Confederation) ; from the New 

Haven Colonial Becords 280 

95. The demand of Massachusetts for more weight in the union, 

with the answer of the Congress of the Confederation ; 
from the Plymouth Colony Becords 285 

96. Nullification by Massachusetts, with the protest of the Con- 

gress of the Confederation ; ih 287 

C. COLONIAL AMERICA 
XVm. Liberal Charters 

97. The Connecticut charter of 1662 ; from the Connecticut Colo- 

nial Becords 290 



TABLE OF CONTENTS XV 

NUMBER PAGK 

98. The Rhode Island charter of 1663 (parts referring especially 

to religious liberty) ; from the Bhocle Island Colonial 
Records 293 

XIX. An English Colonial System 

99. Royal instructions for the " Councill appointed for Forraigne 

Plantations" (1660) ; from O'Callaghan's ZJocwmewis reZa- 
tive to the Colonial History of New York .... 298 

100. The English commercial policy : 

a. The "first" Navigation Act (1660), regarding ship- 

ping and "enumerated" colonial exports, with 
note from the Act of 1662 explaining that "Eng- 
lish" ships include colonial ; from Statutes of the 
Realm 300 

b. The Navigation Act of 1663 (regarding colonial im- 

ports) ; ib 301 

c. The Sugar Act of 1733 ; ib 303 

101. The Duke of York's charter for New York (1664) ; from 

O'Callaghan's Documents relative to Colonial History of 
New York 305 

102. Penn's grant of Pennsylvania (1680) ; from the Charters and 

Laws of Pennsylvania ....... 307 

103. Penn's grants to the Pennsylvanians : 

a. "Laws agreed upon in England" (1683); from 

Hazard's Annals of Pennsylvania . . . 311 

b. The "Charter of Privileges" of 1701 ; from Votes 

and Proceedings of the House of Representatives 

of Pennsylvania 314 

104. Berkeley's Report on Virginia in 1671 ; from Hening's >SYa«wies 319 

105. The franchise in Virginia restricted (the Act of 1670) ; ib. . 324 

106. "Bacon's Laws" (the legislation of the revolutionary Assem- 

bly of 1676) ; ib 325 

107. The proclamation of July, 1676, by Nathaniel Bacon, "Gen- 

erall by Consent of the People" ; from the Massachusetts 
Historical Society Collections 328 

108. Testimony by various county courts showing that democratic 

political discontent was a chief cause of Bacon's Rebel- 
lion ; from the Virginia Magazine of History . . . 329 



Xvi TABLE OF CONTENTS 

NUMBER PAGE 

109. The abolition of Bacon's reforms : 

a. The royal order ; from Hening's Statutes at Large . 330 
h. The repeal of "Bacon's Laws" by the Assembly of 

1677; ih 331 

110. Self-government in Massachusetts restricted : 

a. Randolph's report to the Lords of Trade ; from 

Hutchinson's Original Papers .... 331 

6. The Massachusetts charter of 1691 ; from Acts and 

Besolves of the Province of Massachusetts Bay . 333 

111. Attempts by Englaod at closer control : 

a. Recommendation of the Board of Trade (1701) that 
all charter colonies be transformed into royal prov- 
inces by act of parliament ; from the North Caro- 
lina Colonial Becords 339 

h. The feeling of the colonists (extracts from a pam- 
phlet by John Wise, minister of Ipswich) . . 342 

c. The action of a Boston town meeting relative to a 

proposed permanent salary for the colonial Gov- 
ernor ; from the Boston Town Becords , . 343 

d. Connecticut's refusal to obey a royal oflBcer commis- 

sioned to command her militia (a private letter of 
Governor Fletcher, describing his repulse) ; from 
the New York Colonial Documents . . . 347 

112. The commission of a royal governor (from George III to Ben- 

ning Wentworth) ; from the New Hampshire Provincial 
Papers 349 

113. Freedom of speech vindicated : the trial of John Peter Zenger 

for criticising the governor of New York ; from Zenger's 
Brief Narrative of the Case and Tryall .... 352 

114. Franklin's "Albany Plan" for the union of the colonies un- 

der the crown : 
a. An account of the motives for the proposal; from 

Franklin'' s Works 358 

h. The document; from New York Colonial Documents 359 

XX. Harsh Phases of Colonial Life 

115. Legal punishments in Virginia : " pillory and ducking stoole " 

in 1662-1748 ; from Hening's Statutes at Large . . 364 



TABLE OF CONTENTS xvii 

NUMBER PAGE 

116. White "servants" (indentured and others) in 1774; from 

^ddes'' Letters from America 364 

117. Advertisements for runaway servants; newspaper extracts for 

the years 1770-1771, from the New Jersey Archives . . 366 

D. THE REVOLUTION 

XXL Preliminary Period — to 1774 

118. The Sugar Act of 1764 ; from the Statutes of the Bealm . . 369 

119. The Stamp Act of 1765 ; ih 373 

120. Reception of the Stamp Act in America : 

a. Patrick Henry's Resolutions; from the Journals of 

the House of Burgesses of Virginia . . . 374 
h. A Virginia County Association against the Act ; ih. 375 

c. The stamp distributor for Virginia persuaded to re- 

sign (the letter from Governor Fauquier to the 
Lords of Trade) ; ih 377 

d. Threat of violence against any who should use 

stamped paper ; a notice in the New York Gazette 
of February 27, 1766 ; reproduced in the New Jer- 
sey Archives ........ 380 

121. Origin of the Virginia non-importation agreement : 

a. Protest of the Burgesses against the proposal of the 
English government to send Americans to England 
for trial (May 16, 1769) ; from the Journals of the 
* House of Burgesses 380 

6. The "association" of the ex-Burgesses (May 18, 

1769); ih 383 

122. The origin of the Massachusetts towTi-committees of corre- 

spondence ; from the Boston Town Becords . . . 387 

123. The creation of Intercolonial Committees of Correspondence : 

a. Jefferson's later account ; from Jefferson's Writings 390 

b. The action of the Virginia House of Burgesses ; from 

the Journals 391 

c. Letters from other colonies received by the Virginia 

Committee, approving the recommendation ; ih. . 392 

124. Intimidation of the owners of tea ships (a Philadelphia hand- 

bill by "The Committee for Tarring and Feathering") ; 
from Scharf and Westcott's History of Bhiladelphia . 394 



xviii TABLE OF CONTENTS 



XXII. The Rise of Revolutionary Governments 

KTTMBER PA»E 

125. The Virginia Burgesses suggest an annual Congress (1774) : 

a. Extract from a letter by a member of the Assembly ; 

from Force's American Archives .... 396 

6. Jefferson's account of the plan for declaring a day of 
prayer and fasting, on receipt by the Burgesses of 
the news of the Boston Port Bill ; from Jefferson'' s 
Works 397 

c. Resolution of the Burgesses appointing June 1, 1774, 

a day of prayer and fasting ; from the Journals . 398 

d. The consequent dissolution of the Assembly by the 

Governor; ih. 399 

c. The ex-Burgesses suggest an annual Continental Con- 
gress; ih 399 

/. Letters from the Virginia Committee of Correspond- 
ence to the other colonies, conveying Virginia's 
suggestion for an annual Congress ; ih. . . 401 
g. The answer of Rhode Island to Virginia, with the 
appointment of delegates to the proposed Con- 
gress ; ib 403 

126. A "call" for the Continental Congress from the Massachu- 

setts Assembly (June 17) 405 

127. A Virginia county (Frederick) suggests a Continental Con- 

gress and a " General Association " of the colonies (June 

8) ; from Force's American Archives .... 406 

128. Virginia issues the first call for a provincial convention (to 

elect delegates to the Continental Congress) ; ib. : 

a. Suggestion from the ex-Burgesses, May 30, 1774 . 407 

b. Sample notice of the call by an ex-Burgess to his 

county (a letter from Thomas Mason of June 16) 408 

c. Typical call (June 27) by a county committee for a 

county meeting (Norfolk) to instruct delegates to 

the coming provincial convention .... 409 

129. Typical Instructions by Virginia county meetings : 

a. Westmoreland County 410 

b. George Washington's county (Fairfax) . . . 412 

c. Nansemond County 416 



TABLE OF CONTENTS xix 

NUMBER PAGE 

d. York County 417 

e. Middlesex County (disapproval of the Boston Tea 

Party) 417 

130. The First Continental Congress : 

a. The decision upon how the colonies should vote; 

from John Adams' " Diary " in his TrorA:s . . 418 

b. Adams' impressions of the meeting at its close; ib. 420 

c. The Declaration of Rights ; from Ford's Journals of 

the Continental Congress 421 

d. The Act of Association ; ib 427 

131. Typical resolutions by a Virginia county (Prince William) 

approving the Association of the Continental Congress; 
from Force's American Archives 432 

132. Virginia county conventions become de facto governments 

(typical action by Fairfax County, organizing a Revolu- 
tionary militia (January 17, 1775) ; ib 433 

133. The Virginia Provincial Convention becomes a government : 

a. Cumberland County instructs delegates for prepara- 

tion for w^ar ; ib 435 

b. The Second Virginia Convention arms and taxes the 

colony ; ib. . . . . . . . . 436 

c. The Third Convention (June, 1775) assumes the 

forms of a government; from Virginia Calendar 

of State Papers 442 

XXin. Independence 

134. Charlotte County, Virginia, instructs delegates (April 23, 

1776) to the coming Fourth Virginia Convention to favor 
independence and an independent State constitution ; 
Force's American Archives 443 

135. The Virginia Convention, May 15, instructs for independence 

and adopts resolutions for a bill of rights and a constitu- 
tion; ib 445 

136. The Virginia Bill of Rights ; from Poore's Charters and Con- 

stitutions .......... 446 

137. Virginia's Declaration of Independence, June 29, 1776; from 

Jefferson's Writings 450 



XX TABLE OF CONTENTS 

NUMBER PAGE 

138. Revolutionary State Governments ; 

a. The recommendation of Congress of May 15, 1776; 

from Ford's Journals of Congress . . . 452 

b. John Adams' comment; from John Adams' Letters 

to Abigail Ada7ns ....... 453 

139. The Maryland Convention instructs its delegates in Congress 

against independence; from Proceedings of the Conven- 
tions of Maryland 454 

140. Lee's motion for Independence in Congress; from Ford's 

Journals 458 

141. The Declaration of Independence of July 4, 1776; from Ford's 

Journals of Congress 459 

142. Anti-social tendencies of pre-Revolutionary measures : 

a. The effect of closing the courts (Adams' account of his 

welcome by his horse-jockey client) ; from John 
Adams' Works 463 

b. A Tory's protest against mob violence, in a parody 

on Hamlet's soliloquy ; from Moore's Diary of the 
American Bevolution 464 

c. Correspondence between a Tory and a Commit- 

tee, showing how the Tory was induced to sign 
a recantation; from Niles' Principles and Acts of 
the Revolution ....... 464 

143. An oath of allegiance to a new State (Pennsylvania) : a fac- 

simile, from Scharf and Westcott's History of Philadelphia 466 

144. A Loyalist's pretended "diary" of the year 1789 (written 

in 1778), to show the danger of French conquest; from 
Tyler's Literary History of the American Bevolution . 467 

145. A statement of how the Revolution set free social forces ; from 

David Ramsey's History of the American Bevolution . 468 



E. CONFEDERATION AND CONSTITUTION 

XXIV. The Articles of Confederation 

146. Debates in the Congress on the Articles ; from John Adams'* 

Works 470 

147. The Articles j from the Bevised Statutes of the United States . 475 



TABLE OF CONTENTS Xxi 

XXV. The National Domain 

NUMBER PAGE 

148. The desire for Statehood in the West, and Western self-confi- 

dence ; a statement by a convention of the proposed State 
ofFrankland 485 

149. Organization of the Western Territory by Congress : 

a. The Ordinance of 1784; from the Journals of Con- 
gress 486 

6. Tlie Northwest Ordinance (1787) ; z&. . . .488 

XXVI. Drifting toward Anarchy 

150. Gouverneur Morris to John Jay, on the prospect of a military 

dictator ; from Sparks' Life and Works of Gouverneur 
Morris 497 

151. Shays' Rebellion : 

a. A statement of grievances by Hampshire County ; 
from Minot's History of the Insurrection in Mas- 
sachusetts 497 

6. Washington's alarm ; letters to Henry Lee and to 

Madison ; from Washington' s Writings . . 500 

152. A shrewd foreigner's view of the social conflict over the adop- 

tion of a new Constitution (Otto's letter to Vergennes, on 
the failure of the Annapolis Convention) ; from the Ap- 
pendix to Bancroft's History of the Constitution . . 502 

XXVII. Making the Constitution 

153. The call issued by the Annapolis Convention for a Federal 

Convention ; from the Documentary History of the Con- 
stitution 506 

154. Typical credentials of delegates to the Federal Convention (the 

Georgia credentials) ; from Farrand's Records of the Fed- 
eral Convention 510 

155. George Mason's account of the preliminaries at Philadelphia 

(a letter to George Mason, Jr., May 20, 1787) ; ih. . . 512 

156. The " Virginia Plan "; z6 514 

157. George Mason on aristocratic and democratic forces in the 

Convention at its opening (letter to George Mason, Jr., 
June I) ; lb 517 

158. The " New Jersey Plan "; i6 518 



xxii TABLE OF CONTENTS 

NirMBER PAGE 

159. Hamilton's plan ; from Hamilton'' s Works .... 521 

160. Character sketches of men of the Convention, by William 

Pierce, a delegate from Georgia; from Farrand's Becords 

of the Federal Convention 522 

161. One day in the Convention, — the critical day's debate on the 

Connecticut Compromise ; ih 532 

XXVIII. Ratifying the Constitution 

162. George Mason's objections to the Constitution; from Kate 

Mason Rowland's Life of George Mason .... 543 

163. Mason's explanation of the preparation of his " Objections " ; 

from Farrand's Becords of the Federal Convention . . 546 

164. A Federalist account of how John Hancock was induced finally 

to support the Constitution in the Massachusetts ratifying 
convention ; by Stephen Higginson, in Writings of Laco . 547 

165. The Federal Constitution 651 

Index of Sources 576 

Subject Index 580 



A SOURCE BOOK IN AMERICAN 
HISTORY 

I. ENGLAND IN THE SIXTEENTH CENTURY 

1. Classes of Englishmen 

William Harrison, in Holinshed's Chronicle (1577). Cf. No, 75 on like 
social divisions in early New England ; and see American History and 
Government^ § 65. 

We in England divide our people commonlie into foure 
sorts, as gentlemen, citizens or burgesses, yeomen, ... or 
[and] laborers. Of gentlemen the first and cheefe (next the 
king) be the prince, dukes, marquesses, earls, viscounts, and 
barons : and these are called gentlemen of the greater sort, or 
(as our common usage of speech is) lords and noblemen : and 
next unto them be knights, esquiers, and last of all they that 
are simplie called gentlemen, . . . Who soever studieth the 
lawes of the realme, who so abideth in the universitie giving 
his mind to his booke, or professeth physicke and the liberall 
sciences, or beside his service in the roome of a capteine in the 
warres, or good counsell given at home, whereby his common- 
wealth is benefited, can live without manuell labour, and 
thereto is able and will beare the port, charge, and countenance 
of a gentleman, he shall for monie have a cote and armes 
bestowed upon him by heralds (who in the charter of the same 
doo of custome pretend antiquitie and service, and manie gaie 
things) and, thereunto being made so good cheape, be called 
master, which is the title that men give to esquiers and gentle- 
men, and reputed for a gentleman ever after. . . . 

1 



2 ENGLAND IN THE SIXTEENTH CENTURY 

. . . our merchants [are] to be installed, as amongst the 
citizens (although they often change estate with gentlemen, as 
gentlemen doo with them, by a mutuall conversion of the one 
into the other). . . . 

Yeomen are . . . free men, borne English, and [who] may 
dispend of their owne free land in yearelie revenue, to the 
summe of fortie shillings sterling, or six pounds as monie goeth 
in our times. . . . This sort of people have a certeine pre- 
heminence, and more estimation than labourers and the com- 
mon sort of artificers, and commonlie live wealthilie, keepe 
good houses, and travell to get riches. They are also for the 
most part farmers to gentlemen ... or at the leastwise arti- 
ficers, and with grasing, frequenting of markets, and keeping 
of servants (not idle servants as the gentlemen doo, but such as 
get both their owne and part of their master's living) do come 
to great welth, in somuch that manie of them are able and doo 
buie the lands of unthriftie gentlemen, and often setting their 
sonnes to the schooles, to the universities, and to the Ins of 
the court, or otherwise leaving them sufficient lands whereupon 
they may live without labour, doo make them by those means 
to become gentlemen. These ivere they that in times past made 
all France afraid. . . . 

The fourth and last sort of people in England are daie 
labourers, poore husbandmen, and some retailers (which have 
no free land) copie holders, and all artificers, — as tailers, 
shomakers, carpenters, brickmakers, masons, etc. As for 
slaves and bondmen we have none, naie such is the privilege 
of our countrie by the especiall grace of God, and bountie of 
our princes, that if anie come hither from other realms, so 
soone as they set foot on land they become so free of condition 
as their masters. . . . This fourth and last sort of people 
therefore have neither voice nor authoritie in the common 
wealth, but are to be ruled, and not to rule other ; yet they 
are not altogither neglected, for in cities and corporat townes, 
for default of yeomen they are faine to make up their inquests 
[juries] of such maner of people. And in villages they are 



CLASSES OF ENGLISHMEN 



commonlie made churcliwardens, sidemen, aleconners, now and 
then constables, and manie times injoie the name of hed- 
boroughes. Unto this sort also may our great swarmes of idle 
serving men be referred, of wliome there runneth a proverbe ; 
'Young serving men, old beggers,' bicause service is none 
heritage. . . . 



A. SOUTHERN COLONIES TO 1660 

II. MOTIVES FOE EARLY ENGLISH COLONI- 
ZATION 

2. From Sir George Peckham's "True Report" 

Richard Hakluyt's Voyages . . . and Discoveries (1589), III, 167 ff. 
Peckham was a partner in Gilbert's enterprise. His Report^ a con- 
siderable pamphlet, was written in 1582. 

... To conchide, since by Christian dutie we stand bound 
chiefly to further all such acts as do tend to the encreasing the 
'true flock of Christ by reducing into the right way those lost 
sheepe which are yet astray : And that w^e shall therein follow 
the example of our right vertuous predecessors of renowned 
memorie, and leave unto our posteritie a divine memoriall of so 
godly an enterprise : Let us, I say, for the considerations al- 
ledged, enter into judgement with our selves, whether this 
action may belong to us or no. . . . Then shal her Majesties 
dominions be enlarged, her highnesse ancient titles justly con- 
firmed, all odious idlenesse from this our Realme utterly 
banished, divers decayed townes repaired, and many poor and 
needy persons relieved, and estates of sucli as now live in 
want shall be embettered, the ignorant and barbarous idolaters 
taught to know Christ, the innocent defended from their bloodie 
tyrannical neighbours, the diabolicall custome of sacrificing 
humane creatures abolished. . . . 

3. A Discourse on Western Planting by Richard Hakluyt, 1584 

Maine Historical Society Collections^ Second Series, II (1877). 

This pamphlet was written by Hakluyt, an English clergyman and an 
ardent advocate of American colonization, at Raleigh's request, to influ- 
ence Queen Elizabeth. It fills 107 pages of the volume of the Maine col- 
lections. 

4 



A DISCOURSE ON WESTERN PLANTING 5 

Chapter I. That this Westerne cUscoverie ivill be greately 
for thinlargemente of the gospell of Christe, ichei'eunto the princes 
of the Refoiirmecl Relligion are chefely bounde, amongeste whome 
her Majestie ys principall. 



Nowe the meanes to sende suche as shall labour effectually 
in this busines ys, by plantinge one or tuoo colonies of our 
nation upon that fyrme, where they may remaine in safetie, 
and firste learne the language of the people nere adjoyninge 
(the gifte of tongues beinge nowe taken awaj^e), and by little 
and little acquainte themselves with their manner, and so with 
discretion and myldeness distill into their purged rayndes 
the swete and lively liquor of the gospel. Otherwise for 
preachers to come unto them rashly with oute some suche 
preparation for their safetie, yt were nothinge els but to 
ronne to their apparaunte and certaine destruction, as yt hap- 
pened unto those Spanishe ffryers,' that, before any plantinge, 
withoute strengthe and company, landed in Fflorida, where 
they were miserablye massacred by the savages. 



Now yf they [Romanists], in their superstition, by means of 
their plantinge in those partes, have don so greate thinges in 
so shorte space, what may wee hope for in our true and syncere 
relligion, j^roposinge unto ourselves in this action not filthie lucre 
nor vaine ostentation, as they in deecle did, but principally the 
gayninge of the soules of millions of those wretched people, the 
reducinge of them from darkenes to lighte, from falsehoodde 
to truthe, from dombe idolls to the ly vinge God, from the depe 
pitt of hell to the highest heavens. 



And this enterprise the princes of the relligion (amonge 
whome her Majestie ys principall) oughte the rather to take in 
hande, because the papistes confirme themselves and drawe 



6 MOTIVES FOR EARLY ENGLISH COLONIZATION 

other to theire side, shewinge that they are the true CathoHcke 
churche because they have bene the onely converters of many 
millions of infidells to Christianttie. Yea, I myselfe have 
bene demannded of them, how many infidells have been by us 
converted ? . . . Yet in very deede I was not able to name 
any one infidell by them converted. But God, quoth I, hath 
his tyme for all men, whoe calleth some at the nyntlie, and 
some at the eleventh houer. And if it please him to move the 
harte of her Majestic to pat her helpinge hande to this godly 
action, she shall finde as willinge subjectes of all sortes as any 
other prince in all Christendome. 



Chapter V. That this voyadge will be a greate bridle to the 
Indies of the Kinge of Spaine . . . 



But the plan tinge of tuoo or three stronge fortes upon some 
goodd havens (whereof there is greate store) betwene Florida 
and Cape Briton, woulde be a matter in shorte space of greater 
domage as well to his flete as to his westerne Indies ; for wee 
shoulde not onely often tymes indannger his flete in the returne 
thereof, but also in fewe yeres put him in hazarde in loosinge 
some parte of Nova Hispania. 



No we if wee (beinge thereto provoked by Spanishe injuries) 
woulde either joyne with these savages, or sende or give them 
armor, as the Spaniardes arme our Irishe rebells, wee shoulde 
trouble the Kinge of Spaine more in those partes, than he hath 
or can trouble us in Ireland, and holde him at suche a bay as 
he was never yet helde at.^ 

1 Sii' Philip Sydney urged his countrymen " to check the dangerous and 
increasing power of Spain and Rome in the New World by planting English 
protestant settlements there, which will increase until they extend from 
ocean to ocean." (Brown, First Republic, 1, 2.) 



GOODSPEED TO VIRGINIA, 1609 7 

4. Drayton's Ode to the Virginian Voyage 

This poem was written by Michael Drayton in 1606, in honor of the 
proposed Virginian voyage that founded Jamestown. The complete Ode 
contains twelve stanzas, as printed in Drayton's Poems in 1619. It is 
reprinted in full in Brown's Genesis of the United States, I, 86-87. 

^ ^ 4r ^ ^ 

You brave heroique minds, 

Worthy your countries name, 

That honour still pursue, 

Goe, and subdue, 

W^hilst loyt'ring hinds 

Lurk here at home with shame. 
* * =^ * * 

And cheerefully at sea, 

Successe you still intice. 

To get the pearl e and gold, 

And ours to hold, 

Virginia, 

Earth's only Paradise. 
^ ^ * # # 

And in regions farre. 

Such heroes bring yee forth 

As those from whom we came ; 

And plant our name 

Under that starre 

Not knowne unto our north. 

5. Goodspeed to Virginia, 1609 

This pamphlet (by Robert Gray) contains about 9000 words. It was 
never printed. Extracts are given in Brown's Genesis of the United 
States, 293 ff. It was written to encourage the reorganization of the 
Virginia Company in 1609. (Cf. American History and Government, 
§25.) The first of the extracts below comes from the "Epistle 
Dedicatory." 

To the Right Noble and Honorable Earles, Barons, and Lords, 
and to the Right Worship/ all Knights, Merchants, and Gentlemen, 



8 MOTIVES FOR EARLY ENGLISH COLONIZATION 

Adveyiturers for the playitation of Virginea, all happie and pros- 
perous successe, which may either augment your glorie, or increase 
your wealth, or pturchase your eternitie. 

Time . . . consumes both man and his memorie. It is not 
brasse nor marble that can perpetuate immortalitie of name 
upon the earth. [But] A right sure foundation » . . have 
you (My Lords and the rest of the most Worthie Adventurers 
for Virginia) laid for the immortalitie of your names and 
memorie, which, for the advancement of Gods glorie, the re- 
nowne of his Majestic, and the good of your Countrie, have 
undertaken so honourable a project, as all posterities shall 
blesse : and Uphold your names and memories so long as the 
Sunne and Moone endureth : Whereas they which preferre 
their money before vertue, their pleasure before honour, and 
their sensuall securitie before heroicall adventures, shall 
perish with their money, die with their pleasures, and be buried 
in everlasting forgetfulnes. . . . 

And therefore we may justly say, as the children of Israel 
say here to Joshua, we are a great people, and the lande is too 
narrow for us ; so that whatsoever we have beene, now it be- 
hooves us to be both prudent and politicke, and not to deride 
and reject good powers of profitable and gainefull expectation ; 
but rather to embrace every occasion which hath any probabil- 
itie in its future hopes : And seeing there is neither preferment 
nor employment for all within the lists of our Countrey, we 
might justly be accounted as in former times, both imprudent 
and improvident, if we will yet sit with our amies foulded on 
our bosomes, and not rather seeke after such adventers where- 
by the Glory of God may be advanced, the teritories of our 
Kingdome inlarged, our people both preferred and employed 
abroad, our wants supplyed at home. His Majesties customes 
wonderfully augmented, and the honour and renown of our 
Nation spread and propagated to the ends of the World. . . . 

The report goeth, that in Virginia the people are savage and 
incredibly rude, they worship the divell, offer their young 
children in sacrifice unto him, wander up and downe like beasts, 



GOODSPEED TO VIRGINIA, 1609 9 

and in manners and conditions, differ very little from beasts, 
having no Art, nor science, nor trade, to imploy themselves, or 
give themselves unto, yet by nature loving and gentle, and 
desirous to imbrace a better condition. Oh how happy were 
that man which could reduce this people from brutishness to 
civilitie, to religion, to Christianitie, to the saving of their 
souls. . . . 

Farre be it from the hearts of the English, they should give 
any cause to the world to say that they sought the wealth of 
that Countrie above or before the glorie ©f God, and the propa- 
gation of his Kingdome. 

Their second objection is [the argument of opponents of 
colonization] that this age will see no profit of this plantation. 
Which objection admit it were true, yet it is too brutish, and 
bewraies their neglect and incurious respect of posteritie : we 
are not borne like beasts for ourselves, and the time present 
only. . . . What benefit or comfort should we have enjoyed in 
things of this world, if our forefathers had not provided better 
for us, and bin more carefully respective of posteritie than for 
themselves ? We sow, we set, we build, not so much for our- 
selves as for posteritie ; . . . They which onely are for them- 
selves, shall die in themselves, and shall not have a name 
among posterity ; their rootes shall be dried up beneath, and 
above shall their branches bee cut down, their remembrance 
shall perish from the earth, and they shall have no name in 
the street. Job xviii ; 16, 17. 

Others object to the continuall charges [assessments] which 
will prove in their opinion very heavie and burdensome to 
those that shall undertake the said Plantation. These like 
the dog in the manger, neither eate hay themselves, neither 
will they suffer the Oxe that would. They never think any 
charge too much that may any way increase their owne private 
estate. They have thousands to bestow about the ingrossing 
of a commoditie, or upon a morgage, or to take their neighbors 
house over his head, or to lend upon usurie; but if it come to 
a publicke good, they grone under the least burden of charges 



10 MOTIVES FOR EARLY ENGLISH COLONIZATION 

that can bee required of them. These men should be used like 
sponges; they must be squeased, seeing they drink up all, and will 
yeeld to nothing, though it concerne the common good never 
so greatly. But it is demonstratively prooved in Nova Bri- 
tannia, that the charges about this Plantation will be nothing, 
in comparison of the benefit that will grow thereof. And 
what notable thing I pray you can be brought to passe without 
charges ? . . . Without question, he that saves his money, where 
Gods glory is to be advanced, Christian religion propagated 
and planted, the good«of the commonwealth increased, and the 
glorious renowne of the King inlarged is subject to the curse 
of Simon Magus, his money and he are in danger to perish together. 
Let none therefore find delaies, or faine excuses to withhold 
them from this imployment for Virginia, seeing every opposition 
against it is an opposition against God, the King, the Church, 
and the Commonwealth. . . . 



6. Nova Britannia, 1609 

Peter Force's Historical Tracts, I (Washington, 1836). 
This tract of some 12,000 words (equivalent to thirty-five pages of this 
volume) was written in 1609 for the same purpose as No. 5 above. 

■ ^o I wish and intreat all well affected subjects, some in their 
persons, others in their purses, cheerefully to adventure, and 
joyntly take in hand this high and acceptable worke, tending 
to advance and spread the kingdome of God, and the knowledge 
of the truth, among so many millions of men and women. 
Savage and blind, that never yet saw the true light shine be- 
fore their eyes ... as also for the honor of our King, and 
enlarging of his kingdome, and for preservation and defence of 
that small number our friends and countrimen already planted, 
least for want of more supplies we become a scorne to the 
world, subjecting our former adventures to apparent spoile and 
hazard, and our people (as a prey) to be sackt and puld out of 
possession, as were the French out of Nova Francia, not many 
yeares ago ; and, ivhich is the lest and last respect (yet usuallie 



NOVA BRITANNIA, 1609 11 

preferred), for the singular good and benefite that will un- 
doubtedly arise to this whole nation, and to everie one of us in 
particular, that will adventure therein. 

It is knowne to the world [reference to attempts of Raleigh 
and Gilbert] how the present generation, scorning to sit 
downe by their losses, made newe attempts, not induring to 
looke on whilst so huge and spacious countries (the fourth 
part of the world) and the greatest and wealthiest part of all 
the rest, should remain a wilderness, subject (for the most 
part) but to wild beasts and fowles of the ayre, and to savage 
people, which have no Christian nor civill use of any thing; 
and that the subjects onely of one Prince Christian [Spaniards], 
which but within the memorie of man began first to creeps 
upon the face of those Territories, and now by meanes of their 
remnants settled here and there, do therefore imagine the 
world to be theirs, shouldring out all other nations, accounting 
themselves Kings and Commanders, not onely in townes and 
places where they have planted, but over all other partes of 
America, which containe sundrie vast and barbarous Regions, 
many of which (to this day) they never knew, nor did ever 
setle foote therein : which notwithstanding, if it were yeelded 
them as due, yet their strength and meanes, farre inferiour to 
their aspires, will never stretch to compasse . . . the hundredth 
part. 

But seeing we so passed by their dwellings, that in seating 
ourselves, wee sought not to unsettle them, but by Gods mercy, 
after many stormes, were brought to the Coast of another 
countrie, farre distant and remote from their habitations : why 
should any frowne or envie at it ; or if they doe, why should 
wee (neglecting so faire an opportunitie) faint or feare to en- 
large our selves ? Where is our force and auncieut vigour ? 
Doth our late reputation sleepe in the dust ? No, no, let not 
the world deceive it selfe ; we still remaine the same, and upon 
just occasion given, we shall quickly shew it too : 

. . . But wee must beware that . . . that bitter root of 
greedy gaine be not so settled in our harts, that beeing in a 



12 MOTIVES FOR EARLY ENGLISH COLONIZATION 

golden dreame, if it fall not out presently to our expectation, 
we slinke away with discontent, and draw our purses from the 
charge. If any shew this affection, I would wish his baseness 
of minde to be noted. What must be our direction then ? No 
more but this : if thou dost once approve the worke, lay thy 
hand to it cheerfully, and withdraw it not till thy taske bee 
done. In all assayes and new supplies of money be not lagge, 
nor like a dull horse thats alwaies in the lash ; for heere lies 
the poison of all good attempts, when as men without balling 
and pulling, will not be drawne to performance, for by this, 
others are discouraged, the action lies undone, and the first 
expence is lost : But are wee to looke for no gaine in the lewe 
of all adventures ? Yes undoubtedly, there is assured hope of 
gaine, as I will shew anon in due place ; hut look it he not 
chiefe in your thoughts. God, that hath said by Solomon : Cast 
thy hread upon theicaters, and after many dates thou shalt find 
it : he will give the blessing. 

... Two things are especially required herein, people to 
make the plantation, and money to furnish our present pro- 
visions and shippings now in hand : For the first, wee neede 
not doubt, our land abounding with swarmes of idle persons, 
which having no meanes of labour to releeve their misery, doe 
likewise swarme in lewd and naughtie practises, so that if we 
seeke not some waies for their forreine employment, wee must 
provide shortly more prisons and corrections for their bad 
conditions, for it fares with populous common weales as with 
plants and trees that bee too frolicke, which not able to sus 
taine and feede their multitude of branches, doe admit an 
engrafting of their buds and sciences into some other soile, 
accounting it a benefite for preservation of their kind, and a 
disburdening their stocke of those superfluous twigs that suck 
away their nourishment. 

7. Statement of the Virginia Company, 1609 

Brown's Genesis of the United States, I, 377 ff. This is one of the 
pamphlets put forth by the Company to stimulate stock subscription and 



STATEMENT OF THE VIRGINIA COMPANY, 1609 13 

emigration. As to the motives set forth in it, and in Nos. 2-6 above, cf. 
American History and Government, § 17. 

A True and Sincere Declaration of the Purposes and Ends of 
the Plantation in Virginia. By Authoritij of the Governor and ■ 
Councillors, December 14, 1609} 

... If all these be yet too weake to confirm the doubtfull, 
or awake the droiisie, then let us come nearer, and arise from 
their reasons and affections to their soules and consciences: 
remember that what Avas at first but of conveniency, and for 
Honour is now become a case of necessity and pfef^/-' le* them 
consider, that they have promised to adventure and not per- 
formed it; that they have encouraged and exposed many of 
Honorable birth, and which is of more consequence 600 of our 
Bretheren by our common mother the Church, Christians of one 
Faith and one Baptisms, to a miserable and inevitable death. 
Let not any man flatter himself, that it concernes not him, for 
he that forsakes whome he may safely releeve, is as guilty of 
his death as he that can swim, and forsakes himself by refus- 
ing, is of his owne. Let every man look inward, and disperse 
that cloud of avarice, which darkeneth his spiritual sight and 
he will finde there that when he shall appeare before the 
Tribimall of Heaven, it shall be questioned him what he hath 
done ? Hath he fed and clothed the hungry and naked ? It 
shall be required, what he hath done for the advancement of 
that Gospell which hath saved him ; and for the releefe of his 
makers Image, whome he was bound to save : let there be a 
vertuous emulation betweene us and the Church of Rome, in 
her owne Glory, and Treasury of Good Workes ! And let us 
turn all our contentions upon the common enemy of the Name 
of Christ. How farre hath she sent out her Apostles and 
thorough how glorious dangers^ How is it become a marke of 
Honor to her Faith, to have converted Nations, and an obloquie 
cast upon us, that we, having the better Vine, should have 
worse dressers and husbanders of it ? . . . 



1 Nos. 5-7 are taken from the voluminous literature of like character in one 
year, in order to make more vivid the amount available. 



14 MOTIVES FOR EARLY ENGLISH COLONIZATION 

Appendix. — To render a more particular satisfaction and 
account. . . . And to avoyde both the scandall and peril of 
accepting idle and wicked persons; such as shame or fear 
compels into this action (and such as are the weedes and rank- 
nesse of this land ; Avho, being the surfet of an able, healthy, 
and composed body must needes be the poison of one so tender, 
feeble, and as yet unformed) ; And to divulge and declare to 
all men, what kinde of persons, as well for their religion and 
conversations, as Faculties, Arts and Trades, we propose to 
accept of: — We have thought it convenient to pronounce that 
for the first provision, we will receive no man that cannot 
bring or render some good testimony of his religion to God, 
and civil manners and behaviour to his neighbor with whom 
he hath lived ; And for the second, we have set downe in a 
Table annexed, the proportion, and number we will entertaine 
in every necessary Arte, upon proofe and assurance that every 
man shall be able to performe that which he doth undertake, 
whereby such as are requisite to us may have knowledge and 
preparation to offer themselves. And we shall be ready to 
give honest entertainment and content, and to recompence 
with extraordinary reward, every fit and industrious person 
respectively to his Paines and quality. 



The Table of such as are required to This Plantatioji. 





Foure honest and learned 


2. Salt-makers. 




Ministers. 


6. Coopers. 




2 


. Surgeons. 


2. Coller-makers for draught. 


2 


. Druggists. 


2. Plow-wr 


ights. 


10 


. Iron men for the Furnace and 


4. Kope-makers. 




Hammer. 


6. Vine-dressers. 


2. 


Armorers. 2. Presse-makers. 


2, Gun-Founders. 


2. 


Joyners. 6. Blacksmitlis. 


10. Sawyers. 


2. 


Sope-ashe men. 6. Carpenters. 


4. Pitcli Boylers. 


6. 


Ship-wrights. 2. Minerall men. 


6. Gardeners. 


2. 


Planters of Sugar-Cane. 2. Silke-dressers. 


4. Turners. 


2. 


Pearle Drillers. 2. Bakers. 


4. Brickmakers. 


2. 


Brewers. 2. Tile 


-makers. 


2. Colliers. 


6. 


Fowlers. 10. Fishermen. 


4. Sturgeon dressers. 



CRASHAW'S 'DAILY PRAYER" 15 



8. Marston's "Eastward Hoe" 

Marston published this play in 1605 to caricature the intended 
Virginian colonization. The name is a survival of the idea that Columbus 
had found the East. In the extract, the mate, Sea Gull, at a tavern 
meeting, is persuading some young blades to embark for the venture. 
^ ^ ^ * * * * 

Sea Gull. Come boyes, Virginia longs till we share the 
rest of her . . . 

Spendall. Why, is she inhabited alreadie with any English ? 

Sea Gull. A whole conntrie of English is there, men bread 
of those that were left there in '79 [Ralegh's colony of '87 is 
meant]; they have married with the Indians . . . [who] are 
so in love with them that all the treasure they have they lay 
at their feete. 

Scape Thrift. But is ther^* such treasure there, Captaine . . . ? 

Sea Gull I tell thee, golde is more plentifull there then 
copper is with us ; and for as much redde copper as I can 
bring. He have thrise the waight in gold. Why, man, all their 
dripping pans . . . are pure gould ; and all the chaines with 
which they chaine up their streets are massie gold; all the 
prisoners they take are fettered in gold ; and for rubies and 
diamonds they goe forth on holydayes and gather 'em by the 
seashore to hang on their childrens coates, and sticke in their 
children's caps, as commonly as our children wear saffron-gilt 
brooches. . . . Besides, there wee shall have no more law than 
consceince, and not too much of eyther. 

* * :^ =* * =* * 

9. Crashaw's "Daily Prayer" 

Force's Historical Tracts, III (1844), page 67. 

The ardent clerical advocates of expansion, like Hakluyt and Crashaw, 
resented bitterly such " jests of prophane players" as No. 8 above ; and 
Crashaw retorted by this passage in his form for "A Prayer duly said 
[at Jamestown] Morning and Evening . . . either by the Captaine of the 
watch himself e, or by some one of his principall officers." This form 
was drawn up in 1609, before Delaware's expedition, and was incorpo- 



16 MOTIVES FOR EARLY ENGLISH COLONIZATION 

rated afterward in Dale's Code of Laws. The prayer would fill some 
twelve pages of this volume. 

And whereas we have by undertaking this plantation under- 
gone the reproofs of a base world, insomuch that many of our 
oune brethren laugh us to scorne, Lord, we pray thee fortifie 
us against this temptation. Let . . . Papists and players and 
such other . . . scum and dregs of the earth, let them mocke 
such as helpe to build up the wals of Jerusalem, and they that 
be filthy, let them be filthy still; and let such swine still 
wallow in their mire. . . . 

10. Crashaw's Sermon, March 3/13, 1609/10 

Brown's Genesis of the United States, page 360 ff. 

This sermon was preached before Lord Delaware's Expedition, on the 
point of departure. The extract below was intended especially to refute 
such insinuations as those in No. 8. Cf. also the introduction to No. 9. 

Text {Luke 22-32). " But I havepraied for thee that thy faith 
faile not : therefore when thou art converted, strengthen thy brethren.''^ 

Oh but those that goe in person are rakte up out of the 
refuse, and are a number of disordered men, unfit to bring to 
passe any good action : So indeed say those that lie and slander. 
But I answer for the generalitie of them that goe, they be such 
as offer themselves voluntarily . . . and be like (for ought 
that I see) to those [that] are left behind, — men of all sorts, 
better and worse. But for manie that go in person, let these 
objectors know, they be as good as themselves, and it may be, 
many degrees better. . . . 

This enterprise hath only three enemies. 1. The Divell, 
2. The Papists, and 3. The Players. [Then, after paying 
respects to the first two] As for Plaiers : (pardon me, right 
Honorable and beloved, for wronging this place and your 
patience with so base a subject) they play with Princes and 
Potentates, Magistrates, and Ministers, nay, with God and 
Religion, and all holy things : nothing that is good, excellent, 
or holy can escape them : how then can this action ? But this 



GOVERNOR DALE TO LONDON COMPANY, 1613 17 

may suffice, that they are Players. They abuse Virginia, but 
they are but Players : they disgrace it : true, but they are but 
Players. . . . The divell hates us, because wee purpose not to 
suffer Heathens ; and the Pope, because we have vowed to 
tolerate no Papists. [Cf. Charter of 1609.] So doe the 
Players, because wee resolve to suffer no Idle persons in 
Virginea, which course, if it were taken in England, they know 
they might turn to new occupations. 

11. Sir Edwin Sandys, 1612 

Neill's Virginia and Virginiola (1878), page 44. 

Sandys, then a member of the Council of the London Company, wrote 
to delinquent stockholders, urging the payment of subscriptions (April 
8/18, 1612). 

. . . presuming greatly of your affectionate Redines to aid 
... so worthy an Enterprise, tending so greatly to the En- 
largement of the Christian Truth, the Honour of our Nation, 
and Benefit of the English People. . . . 

12. Governor Dale to the London Company, 1613 

Becords of the Virginia Company of London (edited by Susan Kings- 
bury ; Washington, 1906), II, 899-400. 

Sir Thomas Dale wrote the following exhortation to Sir Thomas Smith, 
"Treasurer" of the Company, on June 13/23, 1613. This extract was 
read ten years later in a meeting of the Company. 

Lett me tell you all at home this one thinge, and I pray 
remember it, — if you give over this Country and loose it, you 
with your wisedomes will leape such a gugion as our state 
hath not done the like since they lost the Kingdome of ffraunce : 
be not gulled with the clamorous reports of base people . . . 
if the glory of god hath noe power with them, and the con- 
version of these poore Infidells, yet lett the rich Mammon's 
desires QggQ them on to inhabite these Countries. I protest 
unto you by the faith of an honest man, the more I range the 
Country, the more I admire it. I have scene the best Countries 
in Europe. I protest unto you before the Living God, put 



18 MOTIVES FOR EARLY ENGLISH COLONIZATION 

them altogether, this Country will be equivalent unto them if 
it be inhabited with good people. 

[The Eecords continue, that, when this letter had been read, two 
members added that they had heard Dale say " that in his judgment out 
of foure of the best Kingdomes in Europe there could not be picked out 
soe much good ground as was in Virginia."] 

13. The London Company not Mercenary 

From Captain John Smith's Generall Historie of Virginia (Birmingham 
edition of the Works, 1884, page 527). The passage was published in 
1616, when Smith was at odds with the Company; but he defends that 
body gallantly against unjust charges. 

This deare bought Land, with so much bloud and cost, hath 
onely made some few rich, and all the rest losers [which fate, 
however, does not deter their efforts, Smith explains] . . . 
For the Nobilitie and Gentrie, there is scarce any of them ex- 
pects anything but the prosperitie of the Action [success of 
the colony] ; and there are some Merchants ... I am confi- 
dently persuaded, doe take more care and paines, nay, and at 
their continuall great charge, than they could be hired to for 
the love of money ; so honestly regarding the generall good of 
this great Worke, they would hold it worse than sacrilege to 
wrong it but a shillinge. 

14. John Smith's Last Plea for Colonization, 1631 

Captain John Smith's Wo7'ks (Birmingham edition), 935, 962. 

. . . and what hath ever beene the worke of the best great 
Princes of the world, but planting of Countries, and civilizing 
barbarous and inhumane Nations to civility and humanity; 
whose eternall actions fils our histories with more honour than 
those that have wasted and consumed them by warres. 

. . . the Portugals and Spaniards that first began plantations 
in this unknowne world of America [their " everlasting 
actions"] will testifie our idlenesse and ingratitude to all 
posterity, and neglect of our duty and religion we owe our 



SMITH'S LAST PLEA FOR COLONIZATION, 1631 19 

God, our King, and Countrey. . . . Having as much power and 
raeanes as others, why should English men despaire, and not 
doe as much as any ? . . . Seeing honour is our lives ambition, 
and our ambition after death to have an honourable memory of 
our life ... let us imitate their vertues, to be worthily their 
successors. 



I speak not this to discourage any with vaine feares, but 
could wish every English man to carry alwaies this Motto in 
his heart, — Why should the brave Spanish Souldiers brag, 
The Sunne never sets in the Spanish dominions, but ever 
shineth on one part or other we have conquered for our King : 
. . . but to animate us to doe the like for ours, who is no way 
his inferior. 

And truly there is no pleasure comparable to a generous 
spirit as good imploiment in noble actions, especially amongst 
Turks, Heathens, and Infidels; to see daily new Countries, 
people, fashions, governments, stratagems ; releeve the op- 
pressed, comfort his friends, passe miseries, subdue enemies, 
adventure upon any feazable danger for God and his Country. 

[The fine, idealistic motives of colonization, wliich have been treated 
in this Division (Nos. 2-14), are touched upon in many other documents. 
See especially the missionary purpose in No. 26 c, below.] 



III. ILLUSTRATIVE OF VIRGINIA HISTORY TO 
THE INTRODUCTION OF SELF-GOVERNMENT 
(1606-1619) 

15. The Gilbert and Raleigh Charters 

Queen Elizabeth's charter to Sir Humphrey Gilbert (June, 1578) was 
first printed in Hakluyt's Voyages . . . and Discoveries of the English 
Nation (1589). The Goldsmid edition of Hakluyt gives it, I, 360 ff. 
After Gilbert's death, Elizabeth reissued the charter to Sir Walter 
Raleigh (1584), with changes only in names and date. The Raleigh 
grant is easily accessible in Poore's Charters and Constitutions^ under 
the head of North Carolina, or in Thorpe's American Charters and 
Constitutions. 

The Letters Patents graunted hy her Maiestie to Sir Humfrey 
Gilhei^t, knight, for the inhabiting and planting of our people in 
America. 

I. — Elizabeth by the grace of God Queene of England, . . . 
To all people to whom these presents shall come, greeting. 
Know ye that ... we ... by these presents ... do give and 
graunt to our trustie and welbeloved servant Sir Humfrey 
Gilbert of Compton, in our Countie of Devonshire knight, and 
to his heires and assignes for ever, free libertie and licence 
from time to time and at all times for ever hereafter, to dis- 
cover, . . . remote, heathen and barbarous lands . . . not 
actually possessed of any Christian prince or people . . . and 
the same to have, hold, occupie and enjoy to him, his heires 
and assignes for ever, with all commodities, jurisdictions, and 
royalties both by sea and land : . . . And wee doe likewise by 
these presents . . . give full authoritie and power to the saide 
Sir Humfrey, his heires and assignes, . . . that hee and they 
. . . shall and may at all and evary time and times hereafter, 
have, take, and lead in the same voyages, to travell thither- 
ward, and to inhabite there ... so many of our subjects as 

20 



THE GILBERT AND RALEIGH CHARTERS 21 

shall willingly accompaDy him . . . with sufficient shipping, 
and furniture for their transportations, — so that none of the 
same persons ... be such as hereafter shall be specially re- 
strained by us, . . . And further, that he, the said Humfrey, 
his heires and assignes . . . shall have, hold, occupy, and 
enjoy for ever, all the soyle of all such lands, countries, and 
territories so to be discovered or possessed as aforesaid, and of 
all Cities, Townes, and Villages, and places, in the same, with 
rites, royalties and jurisdictions, as well marine as other, 
within the sayd lands or countreys . . . with ful power to dis- 
pose thereof, and of every part thereof, in fee simple or other- 
wise, according to the order of the laws of England, as nere 
as the same conveniently may be, paying unto us, for all ser- 
vices, dueties and demaunds, the fift part of all the oare of 
gold and silver, that from time to time, . . . shall be there 
gotten ; all which lands, countreys, and territories, shall for 
ever bee holden by the sayd Sir Humfrey, his heires and as- 
signes of us, our heires and successours by homage, and by the 
sayd payment of the sayd fift part before reserved onely, for 
all services. 

II. — And moreover, we doe by those presents . . . give 
and graunt licence to the sayde Sir Humfrey Gilbert, his heires 
or assignes . . . that hee and they . . . shall and may from 
time to time and all times for ever hereafter, for his and their 
defence, encounter, expulse, repell, and resist, as well by Sea, as 
by land, and by all other wayes whatsoever, all, and every 
such person and persons whatsoever, as tvitJiout the speciall 
licence and liking of the sayd Sir Humfrey, and of his heires 
and assignes, shall attempt to inhabite within the sayd 
countreys, ... or that shall enterprise or attempt at any 
time hereafter unlawfully to annoy either by Sea or land, the 
said sir Humfrey, his heires and assignes, or any of them : 

III. — ... And wee doe graunt to . . . all . . . persons, 
being of our allegiance, whose names shall be noted or entred 
in some of our courts of Record, within this our Realme of 
England, and that with the assent of the said sir Humfrey, 



22 ILLUSTRATIVE OF VIRGINIA HISTORY 

his heires or assignes, shall travel to such lands, . . . and to 
their heires : that they and every or any of them, . . . shall, and 
may have, and enjoy all privileges of free denizens and persons 
native of England, and within our allegiance : any law, custome, 
or usage to the contrary notwithstanding. 

IV. — And forasmuch as upon the finding out, discovering 
and inhabiting of such remote lands, countreys and territories, 
as aforesayd, it shall be necessarie for the safetie of all men 
that shall adventure themselves in those journeys and voiages, 
to determine to live together in Christian peace and civill 
quietnesse each with other, whereby every one may with more 
pleasure and profit enjoy that whereunto they shall attaine 
with great paine and perill : wee, for us, our heires and suc- 
cessours, are likewise pleased and contented, and by these 
presents do give and graunt to the sayd sir Hurafrey and his 
heires and assignes for ever, that he and they, and every or 
any of them, shall and may from time to time for ever here 
after within the sayd mentioned remote lands and countreys, 
and in the way by the Seas thither, and from thence, have 
full and meere power and authoritie to correct, punish, pardon, 
govern and rule by their, and every or any of their good dis- 
cretions and pollicies, as well in causes capitall or criminall, as 
civill, both marine and other, all such our subjects and others, 
as shall from time to time hereafter adventure themselves in 
the sayd journeys or voyages ... or that shall at any time 
hereafter inhabite any such lands, countreys or territories as 
aforesayd, . . . according to such statutes, lawes and ordi- 
nances, as shall be by him the said sir Humfrey, his heires 
and assignes, or every or any of them, devised or established 
for the better government of the said people as aforesayd : so 
alwayes that the sayd statutes, lawes, and ordinances may be, 
as neere as conveniently may, agreeable to the forme of the 
lawes and pollicy of England : and also, that they be not 
against the true Christian faith or religion now professed in 
the church of England, nor in any wise to withdraw any of the 
subjects or people of those lands or places from the allegiance 



FIRST CHARTER FOR COLONIZING VIRGINIA 23 

of us, our heires or successours, as their immediate Soveraignes 
under God. . . . 

Hints for Study. — 1. Observe that no exact district is granted ; why? 

2. Note the power of the proprietor: (a) to regulate settlement; (b) to 
repel invasion ; (c) to administer the government ; (d) to make laws. 

3. Note the guarantee of rights to the settlers ; could it have been meant 
to cover the " right to vote," v?hen taken in connection with the rest of the 
charter ? 4. What church is established for the colony ? Read and 
criticise Fiske's amazing misstatement in Old Virginia, I, 31, regarding 
this charter. 

16. First Charter for Colonizing Virginia; April 10/20,^ 1606 

This charter was first printed by Stith in his Histor>j of Virginia (1747). 
Stith compiled carefully the four manuscript copies discoverable by him, 
and his text is usually followed. The text here given is taken from his 
work (Sabin's Edition, 1865). For secondary accounts, see American 
History and Government, § 22, and references for the same, 

I. — James, by the grace of God, King of England, Scotland 
. . . etc. Whereas our loving and well-disposed Subjects, Sir 
Thomas Gates, and Sir George Somers, Knights, Richard Hack- 
luit, Clerk, Prebendary of Westminster, and Ednxird-Maria Wing- 
Jield, Tlionias Hariham, and Ralegh Gllhert, Esqrs., William 
Parker, and George Popham, Gentleinen, and divers others of our 
loving Subjects, have been humble Suitors unto us, that We 
would vouchsafe unto them our Licence to make Habitation, 
Plantation, and to deduce a Colony of sundry of our People 
into that Part of America, commonly called Virginia, . . . 
situate, lying, and being all along the Sea Coasts, between four 
and thirty Degrees of Northerly Latitude from the Equinoctial 
Line, and five and forty Degrees of the same Latitude, . . . 

II. — AxD to that End, and for the more speedy Accomplish- 
ment of their said intended Plantation and Habitation there, 
are desirous to divide themselves into two several Colonies and 
Companies; The one consisting of certain Knights, Gentlemen, 
Merchants, and other Adventurers, of our City of London and 



1 See explanation of this form on page 44. 



24 ILLUSTRATIVE OF VIRGINIA HISTORY 

elsewhere, . . . which do desire to begin their Plantation and 
Habitation in some fit and convenient Place, between four and 
thirty and one and forty Degrees of the said Latitude, alongst 
the Coasts of Virginia and Coasts of America aforesaid ; And 
the other consisting of sundry Knights, Gentlemen, Merchants, 
and other Adventurers, of our Cities of Bristol and Exeter, and 
of our Town of Plimouth, and of other Places, . . . which do 
desire to begin their Plantation and Habitation in some fit and 
convenient Place, between eight and thirty Degrees and five 
and forty Degrees of the said Latitude, . . . 

III. — We, greatly commending and graciously accepting of 
their Desires for the Furtherance of so noble a Work, which 
may, by the Providence of Almighty God, hereafter tend to 
the Glory of his Divine Majesty, in propagating of Christian 
Religion to such People, as yet live in Darkness and miserable 
Ignorance of the true Knowledge and Worship of God, and 
may in time bring the Infidels and Savages living in those 
Parts to human Civility, and to a settled and quiet Govern- 
ment ; DO, by these our Letters Patents, graciously accept of, 
and agree to, their humble and well-intended Desires ; 

IV. — And do therefore, for Us, our Heirs, and Successors, 
GRANT and agree, that the said Sir Thomas Gates, Sir George 
Somers, Richard HacKiuit, and Edward-Maria Wingjield, Ad- 
venturers of and for our City of London, and all such others, as 
are, or shall be, joined unto them of that Colony, shall be called 
the^rs^ Colony ; And they shall and may begin their said first 
Plantation and Habitation, at any Place upon the said Coast of 
Virginia or America, where they shall think fit and convenient 
between the said four-and-thirty and one-and-forty Degrees of 
the said Latitude ; And that they shall have all the Lands, 
Woods, Soil, Grounds, Havens, Ports, Rivers, Mines, Minerals, 
Marshes, Waters, Fishings, Commodities, and Hereditaments, 
whatsoever, from the said first Seat of their Plantation and 
Habitation by the Space of fifty Miles of English Statute 
Measure, all along the said Coast of Virginia and America, 
towards the West and Southwest, as the Coast lyeth, with all 



FIRST CHARTER FOR COLONIZING VIRGINIA 25 

the Islands within one hundred Miles directly over against the 
same Sea Coast ; And also all the Lands, Soil, Grounds, [etc.] 
. . . from the said Place of their first Plantation and Habi- 
tation for the space of fifty like English Miles, . . . towards 
the East and Northeast, or towards the North, as the Coast 
lyeth, together with all the Islands within one hundred Miles, 
directly over against the said Sea Coast; And also all the 
Lands, Woods, Soil, Grounds, [etc.] . . . from the same fifty 
Miles every way on the Sea Coast, directly into the main 
Land by the Space of one hundred like English Miles ; And 
shall and may inhabit and remain there ; and shall and may 
also build and fortify within any the same, for their better 
Safeguard and Defence, according to their best Discretion, and 
the Discretion of the Council of that Colony. . , . 

V. — And we do likewise, for Us, our Heirs, and Successors, 
by these Presents, Grant and agree, that the said Thomas 
Hanham, and Ralegh Gilbert, Williayn Parker, and George 
Popham, and all others of the Town of Plimouth in the County 
of Devon, or elsewhere, which are, or shall be, joined unto them 
of that Colony, shall be called the second Colony ; And that 
they shall and may begin their said Plantation and Seat of 
their first Abode and Habitation, at any Place upon the said 
Coast of Virginia and America, where they shall think fit and 
convenient, between eight and thirty Degrees of the said Lati- 
tude, and five and forty Degrees of the same Latitude ; And 
that they shall have all the Lands [Here follows a passage 
duplicating the corresponding part of section IV for the other 
subcompany.] 

VI. — Provided always . . . that the Plantation and Habi- 
tation of such of the said Colonies as shall last plant themselves, 
as aforesaid, shall not be made within one hundred like English 
miles of the other of them that first began to make their Plan- 
tation, as aforesaid. 

VII. — And we do also ordain, establish, and agree, for Us, 
our Heirs, and Successors, that each of the said Colonies shall 
have a Council, which shall f^rovern and order all Matters and 



26 ILLUSTRATIVE OF VIRGINIA HISTORY 

Causes, which shall arise, grow, or happen, to or within the 
same several Colonies, according to such Laws, Ordinances, 
and Instructions, as shall be, in that behalf, given and signed 
with Our Hand or Sign Manual, and pass under the Privy 
Seal of our Realm of England; Each of which Councils 
shall consist of thirteen Persons, to be ordained, made, and 
removed, from time to time, according as shall be directed 
and comprised in the same instructions. [Provision for 
" seals " for the councils.] 

VIII. — AxD that also there shall be a Council established 
here in England, which shall, in like Manner, consist of thir- 
teen Persons, to be, for that Purpose, appointed by Us, our 
Heirs and Successors, which shall be called our Council of 
Virginia; And shall, from time to time, have the superior 
Managing and Direction, only of and for all Matters, that shall 
or may concern the Government, as well of the said several 
Colonies, as of and for any other Part or Place within the 
aforesaid Precincts of four and thirty and five and forty 
Degrees, abovementioned [Provision for a seal.] 

IX. — [Grant of right to mine for precious metals, yielding 
to the monarch the fifth part of gold and silver and the fifteenth 
part of copper.] 

X. — [Right to coin money in the colonies.] 

XL — And we do likewise, for Us, our Heirs, and Successors, 
by these Presents, give full Power and Authority to the said 
Sir Thomas Gates, Sir George Somers, Richard HacMuit, 
Edtvard-Maria Wingjield, Thomas Hanham, Ralegh Gilbert, 
William Parker, and George Popham, and to every of them, and 
to the said several Companies, Plantations, and Colonies, that 
they, and every of them, shall and may, at all and every time 
and times hereafter, have, take, and lead in the said Voyage, 
and for and towards the said several Plantations and Colonies, 
and to travel thitherward, and to abide and inhabit there 
in every the said Colonies and Plantations, such and so 
many of our Subjects, as shall willingly accompany them, 
or any of them, in the said Voyages and Plantations; . . . 



FIRST CHARTER FOR COLONIZING VIRGINIA 27 

Provided always that none of the said Persons be such as 
shall hereafter be specially restrained by Us, our Heirs, or 
Successors. 

XII. — Moreover, we do, by these Presents, for Us, our Heirs, 
and Successors, Give axd grant Licence unto the said Sir 
Tliomas Gates, Sir George Some^s^ Richard HacMuit, Edward- 
Maria Wingjield, Tliomas Hanliam, Ralegh Gilbert, William 
Parker, and George Popham, and to every of the said Colonies, 
that they, and every of them, shall and may, from time to time, 
and at all times for ever hereafter, for their several Defences, 
encounter, expulse, repel, and resist, as well by Sea as by 
Land, by all Ways and Means whatsoever, all and every such 
Person and Persons, as without the especial Licence of the 
said several Colonies and Plantations, shall attempt to inhabit 
within the said several Precincts and Limits of the said 
several Colonies and Plantations, or any of them, or that 
shall enterprise or attempt, at any time hereafter, the Hurt, 
Detriment, or Annoyance, of the said several Colonies or 
Plantations : 

XIII. — [A pecuHarly obscure section, which provides that the governing 
bodies in the colonies may collect tariffs on imported goods, — 2| per cent 
on English goods and 5 per cent on foreign goods ; the proceeds to go to 
the proprietary Companies for 21 years, and afterward to the crown.] 

XIV. — And we do further, by these Presents, for Us, our 
Heirs, and Successors, Give and grant unto the said Sir Thomas 
Gates, Sir George Somers, Richard Hackluit, and Edward-Maria 
Wingjield, and to their Associates of the said first Colony and 
Plantation, and to the said Tliomas Hanham, Ralegh Gilbert, 
Williain Parker, and George Popham, and their Associates of 

the said second Colony and Plantation, that they, and every 
of them, by their Deputies, Ministers, and Factors, may trans- 
port the Goods, Chattels, Armour, Munition, and Furniture, 
needful to be used by them, for their said Apparel, Food, 
Defence, or otherwise in Respect of the said Plantations, out 
of our Realms of England and Ireland, and all other our 



28 ILLUSTRATIVE OF VIRGINIA HISTORY 

Dominions, from time to time, for and during the Time of 
seven Years, next ensuing the Date hereof, for the better 
Relief of the said several Colonies and Plantations, without 
any Custom, Subsidy, or other Duty, unto Us, our Heirs, or 
Successors, to be yielded or paid for the same. 

XV. — Also we do, for Us, our Heirs, and Successors, De- 
clare, by these Presents, that all and every the Persons, being 
our Subjects, which shall dwell and inhabit within every or 
any of the said several Colonies and Plantations, and every 
of their children, which shall happen to be born within any 
of the Limits and Precincts of the said several Colonies and 
Plantations, shall have and enjoy all Liberties, Franchises, 
and Immunities, within any of our other Dominions, to all 
Intents and Purposes, as if they had been abiding and born 
within this our Realm of England^ or any other of our said 
Dominions.^ 

XVI. — Moreover, our gracious Will and Pleasure is, and 
we do, by these Presents, for Us, our Heirs, and Successors, 
declare and set forth, that if any Person or Persons, which 
shall be of any of the said Colonies and Plantations, or any 
other, which shall traffick to the said Colonies and Plantations, 
or any of them, shall, at any time or times hereafter, trans- 
port any Wares, Merchandises, or Commodities, out of any 
our Dominions, with a Pretence to land, sell, or otherwise 
dispose of the same, within any the Limits and Precincts 
of any the said Colonies and Plantations, and yet nevertheless, 
being at Sea, or after he hath landed the same within any of 
the said Colonies and Plantations, shall carry the same into 
any other Foreign Country, with a Purpose there to sell or 
dispose of the same, without the Licence of Us, our Heirs, 
and Successors, in that Behalf first had and obtained; That 
then, all the Goods and Chattels of such Person or Persons 
so offending and transporting, together with the said Ship or 



1 Observe that this important section of the charter is sandwiched in be- 
tween two sections which ought not to have been separated. 



INSTRUCTIONS ISSUED BY KING JAMES 29 

Vessel wherein such Transportation was made, shall be for- 
feited to Us, our Heirs, and Successors. 

[Paragraph XVII reserves to the crown the right* to disavow any- 
unauthorized violence used by the Companies or their agents toward the 
subjects of other European countries; so that England need not be drawn 
into war by the colony if the king choose instead to leave it to its fate. 
The remaining paragraphs have to do mainly with landholding. They 
provide for a simpler method of transfer than was then common in Eng- 
land, and provide also that all land should be held as a freehold, not by 
military service, — " To be Holden of Us, our Heirs, and Successors, 
as of our Manor at East-Greenwich in the County of Kent^ in free and 
common Soccage only, and not in Capite."] 

17. Instructions issued by King James 

Hening's Statutes (1809, 1823), I, 67 ff. 

The following instructions for the guidance of the colonizing companies 
were issued by King James, November 20/30, 1606, in accordance with 
power reserved by him in the charter. They do not merit the ridicule 
which has been heaped upon them. 

[Recital of the grant in preceding charter.] 

Wee, according to the effect and true meaning of the same 
letters pattents, doe by these presents, . . . establish and 
ordaine, that our trusty and well beloved Sir William Wade, 
knight, our Lieutenant of our Tower of London, Sir Thomas 
Smith, knight. Sir Walter Cope, knight. Sir Gorge Moor, 
knight. Sir Francis Popeham, knight. Sir Ferdinando Gorges, 
knight. Sir John Trevor, knight. Sir Henry Montague, knight, 
recorder of the citty of London, Sir William Eumney, knight, 
John Dodderidge, Esq., Sollicitor General, Thomas Warr, 
Esqr., John Eldred of the citty of London, merchant, Thojuas 
James of the citty of Bristol, merchant, and James Bagge of 
Plymouth, in the county of Devonshire, merchant, shall be our 
councel for all matters which shall happen in Virginia of any 
the territories of America, between thirty-four and forty-five 
degrees from the sequinoctial line northward, and the Islands 
to the several coUonies limited and assigned, and that they 
shal be called the King's Councel of Virginia, which councel 



30 ILLUSTRATIVE OF VIRGINIA HISTORY 

or the most part of them shal have full power and authority, 
att our pleasure, in our name, and under us, our heires and 
successors, to §ive directions to the councels of the several coUonies 
which shal be within any part of the said country of Virginia 
and America, within the degrees first above mentioned, with 
the Islands aforesaid, for the good government of the people 
to be planted in those parts, and for the good ordering and 
disposing of all causes happening within the same, and the 
same to be done for the substance thereof, as neer to the com- 
mon lawes of England, and the equity thereof, as may be, and 
to passe under our scale, appointed for that councel, which 
councel, and every or any of them shall, from time to time be 
increased, altered or changed, and others put in their places, 
att the nomination of us, our heires and successors, and att our 
and their will and pleasure ; And the same councel of Virginia, 
or the more i^art of them, for the time being shall nomino.te and 
appoint the first several councellours of those several councells 
which are to he appointed for those two several colonies, which 
are to be made plantations in Virginia . . . according to our 
said letters pattents in that behalf e made ; And that each of 
the same councels of the same several colonies shal, by the 
major part of them, choose one of the same councel, not being 
the minister of God's word, to be president of the same councel, 
and to continue in that office by the space of one whole year, 
unless he shall in the mean time dye or be removed from that 
office; and wee doe further hereby establish and ordaine that 
it shal be lawful for the major part of either of the said coun- 
cells, upon any just cause, either absence or otherwise, to 
remove the president or any other of that councel, . . . from 
being either president or any of that councel, and upon the 
deathes or removal of any of the presidents or councel, it shal 
be lawful! for the major part of that councel to elect another 
in the place of the party soe dying or removed, so alwaies as 
they shal not be above thirteen of either of the said coun- 
cellours, and we doe establish and ordaine, that the president 
shal not continue in his office of presidentship above the space 



INSTRUCTIONS ISSUED BY KING JAMES 31 

of one year ; and wee doe specially ordaine, charge, and re- 
quire the said presidents and coimcells, and the ministers of 
the said several colonies respectively, within their several 
limits and precincts, that they, with all diligence, care, and 
respect, doe provide, that the true word and service of God 
and Christian faith be preached, planted, and used, not only 
within every of the said several colonies and plantations, but 
alsoe as much as they may amongst the salvadge people which 
doe or shall adjoine unto them, or border upon them, accord- 
ing to the doctrine, rights, and religion now professed and 
established within our realme of England ; . , . and moreover 
wee doe hereby ordaine and establish for us, our heires and 
successors, . . . that the offences of tumults, rebellion, con- 
spiracies, mutiny and seditions in those parts which may be 
dangerous to the estates there, together with murther, man- 
slaughter, incest, rapes, and adulteries committed in those 
parts within the precincts of any the degrees above mentioned 
(and noe other offences) shal be punished by death, and that 
without the benefit of the clergy, except in case of man- 
slaughter, in which clergie is to be allowed ; and that the said 
several presidents and councells . . . shall have full power 
and authority, to hear and determine all and every the offences 
aforesaid, within the precinct of their several colonies, in 
manner and forme following, that is to say, by twelve honest 
and indifferent persons sworne upon the Evangelists, to be 
returned by such ministers and officers as every of the said 
presidents and councells, or the most part of them respectively 
shall assigne, and the twelve persons soe returned and sworne 
shall, according to the evidence to be given unto them upon 
oath and according to the truth, in their consciences, either 
convict or acquit every of the said persons soe to be accused 
and tried by them, . . . and that every the said presidents and 
councells, within their several limits and precincts, shall have 
power and authority by these presents, to hear and determine 
all and every other wrongs, trespasses, offences, and mis- 
demeanors whatsoever, other than those before mentioned, 



32 ILLUSTRATIVE OF VIRGINIA HISTORY 

upon accusation of any person, and proofe thereof made, by 
sufficient witnesse upon oath; and that in all those cases the 
said president and councel . . . shall have power and authority 
to punish the offender, either by reasonable corporal punish- 
ment and imprisonment, or else by a convenient fine, awarding 
damages or other satisfaction to the party grieved, as to the 
same president and councell shall be thought fitt and con- 
venient, having regard to the quality of the offence, or state 
of the cause ; and that alsoe the said president and councel, 
shall have power and authority, by virtue of these presents, to 
punish all manner of excesse, through drunkennesse or other- 
waise, and all idle loytering and vagrant persons, which shall 
be found within their several limits and precincts, according 
to their best discretions, and with such convenient punishment, 
as they or the most part of them shall think fitt ; . . . Alsoe 
our will and pleasure is, and wee doe hereby establish and 
ordaine, that the said several collonies and plantations, . . . 
shall . for the space of five years, next after their first 
landing upon the said coast of Virginia and America, trade 
together all in one stocke (or devideably, but in two or three 
stocks at the most), and bring not only all the fruits of their 
labours there, but alsoe all such other goods and commodities 
which shall be brought out of England, or any other place, into 
the same collonies, into severall magazines or store houses, for 
that purpose to be made and erected there, and that in such 
order, manner, and form, as the councel of that collony, or the 
more part of them, shell sett downe and direct . . . 

18. Instructions by the Council in England to the Expedition 
to Virginia ; December, 1606 

Printed first in Neill's Virginia Company (1869) from the manuscript 
records of tlie Company at Wasliington. Reprinted in full in Brown's 
Genesis, I, 79 ff. About a tliird of tlie paper is given here. 

TT * W T? ^ TT tF 

When it shall please God to send you on the coast of 
Virginia, you shall do your best endeavour to find out a safe 



EXPEDITION TO VIRGINIA, DECEMBER, 1606 33 

port in the entrance of some navigable river making choice 
of such a one as runneth farthest into the land, and if you 
happen to discover divers portable rivers, and amongst them 
any one that hath two main branches, if the difference be not 
great, make choice of that which bendest most to the North- 
West, /or that way you shall soonest find the other sea. 

When you have made choice of the river on which you mean 
to settle, be not hasty in landing your victuals and munitions, 
but first let Captain Newport discover how far that river may 
be found navigable, that you make election of the strongest, 
most wholesome and fertile place ; for if you make many re- 
moves, besides the loss of time, you shall greatly spoil your 
victuals and your casks, and with great pain transport it in 
small boats. 

* * * ^ * * * 
When you have discovered [explored] as far up the river 

as you mean to plant yourselves, and landed your victuals and 
munitions, to the end that every man may know his charge, 
you shall do well to divide your six score men into three 
parts, whereof one party of them you may appoint to fortifie 
and build, of which your first work must be your store-house 
for victual ; the other you may imploy in preparing your 
ground and sowing your corn and roots ; [but] ten of these 
forty you must leave as centinel at the haven's mouth. The 
other forty you may imploy for two months in discovery of 
the river above you, and on the country about you, . . . 

* ' # * * * * * 

In all your passages you must have great care not to offend 
the naturals, if you can eschew it, and imploy some few of 
your company to trade with them for corn and all other lasting 
victuals, if they have any, and this you must do before that 
they perceive you mean to plant among them ; for not being 
sure how your own seed corn will prosper the first year, to 
avoid the danger of famine, use and endeavour to store your- 
selves of the country corn. 



34 ILLUSTRATIVE OF VIRGINIA HISTORY 

And how weary soever your soldiers be, let them never trust 
the country people with the carriage of their weapons, for if 
they run from you with your shott, which they only fear, they 
will easily kill them all with their arrows. And whensoever 
any of yours shoots before them, be sure that they be chosen 
out of your best marksmen, for if they see your learners miss 
what they aim at, they will think the weapon not so terrible, 
and thereby will be bould to assault you. 

Above all things do not advertize the killing of any of your 
men, that the country people may know it ; if they perceive 
that they [you] are but common men, and that with the loss of 
many of theirs, they may deminish any part of yours, they 
will make many adventures upon you. If the country be 
populous, you shall do well also not to let them see or know 
of your sick men, if you have any, which may also encourage 
them to many enterprises. You must take especial care that 
you choose a seat for habitation that shall not be over bur- 
thened with woods near your town, for all the men you have 
shall not be able to cleanse twenty acres a year, besides that 
it may serve for a covert for your enemies round about. 

Neither must you plant in a low or moist place because 
it will prove unhealthfull. Y^ou shall judge of the good air 
by the people, for some part of that coast where the lands 
are low have their people blear eyed, and with swollen bellies 
and legs ; but if the naturals be strong and clean made, it is 
a true sign of a wholesome soil. 

It were necessary that all your carpenters and other such 
like workmen about building do first build your store house 
and those other rooms of publick and necessary use before 
any house be set up for any private persons ; yet let them all 
work together first for the company and then for private 
men. 

* tP ^ ^ ^ ^ ^ 

Lastly and chiefly the way to prosper and achieve good suc- 
cess is to make yourselves all of one mind for the good of 



EXPLORATION AND SUFFERINGS 35 

your country and your own, and to serve and fear God the 
Giver of all Goodness, for ev^ery plantation which our Heavenly 
Father hath not planted shall be rooted out. 



19. Exploration and Sufferings 

a. Percy's Discourse 

"That Honorable Gentleman, Master George Percy," wrote a detailed 
narrative of the first months in Virginia. The manuscript is lost, but 
extended extracts from it (such as would fill some twenty-five pages of 
this volume) are preserved in the fourth volume of " Purchas his Pil- 
grimes " (1625). 

. . . The six and twentieth day of Aprill about foure a 
clocke in the morning, wee descried the Land of Virginia : the 
same day wee enterd into the Bay of Chesupioc without any 
let or hinderance ; there wee landed and discovered a little way, 
but we could find nothing worth the speaking of but faire 
meddowes and goodly tall Trees, with such Fresh-waters run- 
ninge through the woods as I was almost ravished at the first 
sight thereof. 

At night, when wee were going aboard, there came the Sav- 
ages creeping upon all foure, from the Hills, like Beares, with 
their Bowes in their mouthes, [and] charged us very desper- 
ately . . . After they had spent their Arrowes and felt the 
sharpnesse of our shot, they retired into the Woods with a 
great noise, and so left us. 

The [28th] day . . . we went further into the Bay, and saw 
a plaine plot of ground where we went on Land ... we saw 
nothing there but a Cannow, which was made out of the whole 
tree, which was five and fortie foot long, by the Rule. Upon 
this plot of ground we got good store of Mussels and Oysters, 
which lay upon the ground as thicke as, stones : wee opened 
some and found in many of them Pearles. . . . We passed 
through excellent ground full of Flowers of divers kinds and 
colours, and as goodly trees as I have scene, as cedar, cipresse, 



36 ILLUSTRATIVE OF VIRGINIA HISTORY 

and other kindes. Going a little farther, we came into a little 
plot full of fine and beautif uU strawberries, foure times bigger 
and better than ours in England. 

[The closing pages are in the main a list of deaths, through 
August and September.] Our men were destroyed with cruell 
diseases, as Swellings, Fluxes, Burning fevers, and by warres; 
and some departed suddenly, but for the most part they died 
of meere famine. There were never Englishmen left in a 
forreigne Countrey in such miserie as wee were . . . Wee 
watched every three nights, lying on the bare cold ground, 
what weather soever came ; [and] warded all the next day, 
which brought our men to bee most feeble wretches. Our feed 
was but a small can of Barlie sod in Water to five men a day ; 
our drinke, cold water taken out of the River, which was at a 
flood verie Salt, at a low tide full of slime and filth, which was 
the destruction of many of our men. Thus we lived for the 
space of five months in this miserable distresse, not having 
five able men to man our Bulwarkes upon any occasion. If it 
had not pleased God to have put a terrour in the Savages 
heartes, we had all perished by those vild and cruell Pagans, 
being in that weake estate . . . our men night and day groan- 
ing in every corner of the Fort most pittiful to heare. If there 
were any conscience in men, it would make their harts to 
bleede to heare the pittifull murmurings and outcries of our 
sick men without reliefe every night and day for the space of 
sixe weekes, some departing out of the World, many times 
three or foure in a night, in the morning their bodies trailed 
out of their Cabines like Dogges to be hurried. 

h. '' Gentleinen" in Virginia in 1608 

From an account written probably by Captain Todkill, a rough soldier, 
and publislied in Smitli's Works (Birmingham edition), 439. 

But 30 of us he [Smith] conducted doune the river some 5 
myles from James toune, to learne to make Clapbord, cut doune 



SECOND CHARTER OF VIRGINIA 37 

trees, and lye in the woods. Amongst the rest he had chosen 
Gabriel Beadle, and John Russell, the onely two gallants of this 
last Supply, and both proper Gentlemen. Straunge were these 
pleasures to their conditions; yet lodging, eating, and drink-- 
ing, working or playing, they [were] but doing as the President 
did himselfe. All these things were carried so pleasantly as 
within a weeke they became Masters : making it their delight 
to heare the trees thunder as they fell ; but the Axes so oft 
blistered their tender lingers that many times every third 
blow had a loud othe to droune the eccho; for remedie of 
which sinne, the President devised how to have every mans 
othes numbred, and at night for every othe to have a Cann of 
water poured doune his sleeve, with which every offender was 
so washed (himselfe and all) that a man should scarce heare 
an othe in a weeke. 

By this, let no man thinke that the President and these Gentle- 
tnen spent their times as common Wood ha/jgers at felling of trees, 
or such other like labour, or that they were pressed to it as hire- 
lings, or common slaves; for what they did, after they were but 
once a little inured, it seemed . . . onely as a pleasure and recrea- 
tion : yet 30 or JfO of such voluidary Gentleman luould doe more 
in a day than 100 of the rest that must be prest to it by compul- 
sion; but twentie good workemen had beene better than them all. 

20. Second Charter of Virginia; May 23 / June 2, 1609 

The text is printed in Stith's Histoid of Virginia; cf. introduction to 
No. 16. 

I. — [A recital of the grant of 1606.] 

II. — Now, forasmuch as divers and sunary of our loving 
Subjects, as well Adventurers, as Planters, of the said first Col- 
ony, which have already engaged themselves in furthering the 
Business of the said Colony and Plantation, and do further in- 
tend, by the Assistance of Almighty God, to prosecute the same 
to a happy End, have of late been humble Suitors unto Us, that 
(in Respect of their great Charges and the Adventure of many of 



38 ILLUSTRATIVE OF VIRGINIA HISTORY 

their Lives, which they have hazarded in the said Discovery 
and Plantation of the said Country) We would be pleased to 
grant them a further Enlargement and Explanation of the 
said Grant, Privileges, and Liberties, and that such Counsellors, 
and other Officers, may be appointed amongst them, to manage 
and direct their affairs, as are willing and ready to adventure with 
them, as also whose Dwellings are not so far remote from the 
City of London but that they may, at convenient Times, be ready 
at Hand to give their Advice and Assistance upon all Oc- 
casions requisite. 

III. — We, greatly affecting the effectual Prosecution and 
happy Success of the said Plantation, and commending their 
good Desires therein, for their further Encouragement in ac- 
complishing so excellent a Work, much pleasing to God, and 
profitable to our Kingdom, Do . . . Give, Grant, and Confirm, 
to our trusty and well-beloved Subjects, Robe7't, Earl of Salis- 
hury ^ . . . ; And to such, and so many, as they do, or shall 
hereafter, admit to be joined with them, in Form hereafter in 
these Presents expressed, whether they go in their Persons, to 
be Planters there in the said Plantation, or whether they go 
not, but adventure their Monies, Goods, or Chattels ; That they 
shall be one Body or Commonalty perpetual, and shall have per- 
petual Succession, and one common Seal, to serve for the said 
Body or Commonalty ; And that they, and their Successors, 
shall be known, called, and incorporated by the Name of. 
Hie Treasurer and Company of Adventurers and Planters of the 
City of London for the first Colony in Virginia: 

1 Here follow the names of 659 persons and 56 gilds. The lists would fill 
some ten pages. It includes 21 of the greatest lords in England, 96 knights 
and some 90 other country gentlemen, 53 "captains," and a number of 
"sadlers," "drapers," "grocers," etc., with some professional men and 
others not classified. Fifty of the incorporators were members of the existing 
parliament, and fifty more were members of Parliament at one time or an- 
other. Among the 659 incorporators were Eobert Cecil (the minister of 
Elizabeth and of James), the Earl of Southampton (Shakspere's friend), Sir 
Oliver Cromwell (uncle to the great Oliver), Francis Bacon, Richard Hak- 
luyt, George ("alvert (afterward Lord Baltimore), and Sir Edwin Sandys, 
soon to be the great Puritan leader in Parliament. 



SECOND CHARTER OF VIRGINIA 39 

IV. — AxD that they, and their Successors, shall be, from 
henceforth, for ever enabled to take, acquire, and Purchase, 
by the Name aforesaid (Licence for the same, from Us, our 
Heirs or Successors, first had and obtained) any Manner of 
Lands, Tenements, and Hereditaments, Goods, and Chattels, 
within our Realm of England ^wA Dominion of Wales: 

V. — AxD that they, and their Successors, shall likewise be 
enabled, by the Name aforesaid, to plead, and be impleaded, 
before any of our Judges or Justices, in any of our Courts, and 
in any Actions or Suits whatsoever. 

VI. — And we do also . . . give, graxt and confirm, unto 
the said Treasurer and Company, and their Successors, under 
the Reservations, Limitations, and Declarations, hereafter ex- 
pressed, all those Lands, Countries, and Territories, situate, 
lying, and being, in that Part of America called Virginia, from 
the Point of Land, called Cape or Point Comfort, all along the 
Sea Coast, to the Northward two hundred Miles, and from the 
said Point of Cape Comfort, all along the Sea Coast, to the 
Soidhward two hundred Miles, and all that Space and Circuit 
of Land, lying from the Sea Coast of the Precinct aforesaid, up 
into the Land, throughout from Sea to Sea, West and North- 
west ; And also all the Islands lying within one hundred 
Miles along the Coast of both Seas of the Precinct afore- 
said ; . . . 

VII. — [Right to dispose of lands.] 

VIII. — And forasmuch, as the good and prosperous Success 
of the said Plantation cannot but chiefly depend, next under 
the Blessing of God, and the Support of our Royal Authority, 
upon the provident and good Direction of the whole Enter- 
prize by a careful and understanding Council, and that it is 
not convenient that all the Adventurers shall be so often 
drawn to meet and assemble, as shall be requisite for them to 
have Meetings and Conference about the Affairs thereof ; 
Therefore Ave DO ORDAIN, establish, and confirm, that there 
shall be perpetually one Council here resident, according to 
the Tenour of our former Letters-patents ; Which Council 



40 ILLUSTRATIVE OF VIRGINIA HISTORY 

shall have a Seal, for the better Government and Administra- 
tion of the said Plantation, besides the legal Seal of the Com- 
pany or Corporation, as in our former Letters-patents is also 
expressed. 

IX. — [Names of the members of the council appointed.] 

X. — And the said Sir Thomas Smith we do ORDAIN to be 
Treasurer of the said Company ; which Treasurer shall have 
Authority to give Order for the Warning of the Council, and 
summoning the Company, to their Courts and Meetings. 

XL — And the said Council and Treasurer, or any of them, 
shall be from henceforth, nominated, chosen, continued, dis- 
placed, changed, altered, and supplied, as Death, or other 
several Occasions, shall require, out of the Company of the 
said Adventurers, by the Voice of the greater Part of the said 
Company and Adventurers, in their Assembly for that Pur- 
pose : Provided always, That every Counsellor, so newly 
elected, shall be presented to the Lord Chancellor of E)igla7id, 
or to the Lord High Treasurer of England, or to the Lord 
Chamberlain of the Household of Us, our Heirs, and Successors, 
for the time being, to take his Oath of a Counsellor to Us, our 
Heirs, and Successors, for the said Company of Adventurers 
and Colony in Virginia. 

XII. — [Provision for a Deputy Treasurer.] 

XIII. — And further ... we do, by these Presents, Give 
and Grant full Power and Authority to our said Council, here 
resident, as well at this present Time, as hereafter from time 
to time, to nominate, make, constitute, ordain, and confirm, by 
such Name or Names, Stile or Stiles, as to them shall seem 
good, And likewise to revoke, discharge, change, and alter, as 
well all and singular Governors, Officers, and Ministers, which 
already have been made, as also which hereafter shall be by 
them thought fit and needful to be made or used, for the 
Government of the said Colony and Plantation : ^ 

iHannis Taylor (in his EngUsh Constitution, I, 21), in a passage abounding 
in blunders, regards this Council as made up of Virginians and exercising 
local self-government. Unhappily there are other instances of the same error 
in standard works. 



SECOND CHARTER OF VIRGINIA 41 

XIV. — And also to make, ordain, and establish all Manner 
of Orders, Laws, Directions, Instructions, Forms, and Cere- 
monies of Government and Magistracy, fit and necessary, for 
and concerning the Government of the said Colony and Plan- 
tation; And the same, at all times hereafter, to abrogate, 
revoke, or change, not only within the Precincts of the said 
Colony, but also upon the Seas in going and coming to and 
from the said Colony, as they, in their good Discretion, shall 
think to be fittest for the Good of the Adventurers and Inhabit- 
ants there. 

XV. — [Previous authorities in Virginia supplanted by these 
new arrangements.] 

XVI. — And we do further, by these Presents, Ordain and 
establish, that the said Treasurer and Council here resident, 
and their Successors, or any four of them, being assembled 
(the Treasurer being one) shall, from time to time, have full 
Power and Authority, to admit and receive any other Person 
into their Company, Corporation, and Freedom ; And further, 
in a General Assembly of the Adventurers, with the Consent 
of the greater Part, upon good Cause, to disfranchise and put 
out any Person or Persons, out of the said Freedom or 
Company. 

XVII. — [Right to minerals, as in First Charter, section IX, 
paying to the king the fifth part, etc.] 

XVIII. — [Right to transport willing colonists to Virginia.] 
XIX. — [Certain exemptions from English customs duties, 

in favor of the Company.] 

XX. — [Grant to the Company and to its officers in Virginia 
that it may expel unwelcome settlers and outsiders who " en- 
terprise" destruction, hurt, or annoyance. The language is 
taken from the First Charter, section XII.] 

XXI. — [Right to levy import duties, as in First Charter.] 
XXII. — [Rights of settlers. Repeated from First Charter, 

section XV.] 

XXIII. — And forasmuch, as it shall be necessary for all 
such our loving Subjects as shall inhabit within the said Pre- 



42 ILLUSTRATIVE OF VIRGINIA HISTORY 

ciDcts of Virginia, aforesaid, to determine to live together, in 
the Fear and true Worship of Almighty God, Christian Peace, 
and civil Quietness, each with other, whereby every one may, 
with jnore Safety, Pleasure, and Profit, enjoy that whereunto 
they shall attain with great Pain and Peril ; We ... do give 
and GRANT unto the said Treasurer and Company, and their 
Successors, and to such Governors, Officers, and Ministers, as 
shall be, by our said Council, constituted and appointed, ac- 
cording to the Natures and Limits of their Offices and Places 
respectively, that they shall and may, from time to time for 
ever hereafter, within the said Precincts of Virgiiiia, or in the 
way by Sea thither and from thence, have full and absolute 
Power and Authority, to correct, punish, pardon, govern, and 
rule, all such the Subjects of Us ... as shall, from time to time, 
adventure themselves in any Voyage thither, or that shall, at 
any time hereafter, inhabit in the Precincts and Territories 
of the* said Colony, as aforesaid, according to such orders. 
Ordinances, Constitutions, Directions, and Instructions, as by 
our said Council, as a^foresaid, shall be established ; And in 
Defect thereof, in case of Necessity, according to the good 
Discretions of the said Governor and Officers, respectively, as well 
in Cases capital and criminal as civil, both marine and other ; So 
always, as the said Statutes, Ordinances, and Proceedings, as 
near as conveniently may be, be agreeable to the Laws, Statutes, 
Government, and Policy of this our Realm of England. 

XXIV. — And we do further . . . grant, declare, and 
ORDAIN, that such principal Governor, as, from time to time, 
shall duly and lawfully be authorised and appointed, in Man- 
ner and Form in these Presents heretofore expressed, shall 
have full Power and Authority, to use and exercise Martial 
Law, in Cases of Rebellion or Mutiny, in as large and ample 
Manner as our Lieutenants in our Counties, within this our 
Realm of England, have, or ought to have. . . . 

XXV. — [Penalty for trying to evade English revenue laws 
under color of transporting goods to the colony, as in section 
XVI of the First Charter.] 



SECOND CHARTER OF VIRGINIA 43 

XXVI. — And further our will and pleasure is, that in all 
questions and doubts that shall arise upon any difficulty 
of construction or interpretation of anything contained either 
in this or in our said former letters patents, the same shall be 
taken and interpreted in most ample and beneficial manner 
for the said treasurer and company . . . 

XXVII. — [Confirms all privileges granted in the first charter 
and not herein altered or revoked.] 

XXVIII. — [Provides that anyone who will adventure the 
necessary money shall be received in full equality as a mem- 
ber of the Company.] 

XXIX. — And lastly, because the principal Effect which we 
can desire or expect of this Action, is the Conversion and 
Reduction of the People in those Parts unto the true Worship 
of God and Christian Religion, in which Respect we should be 
loath that any Person should be permitted to pass that we 
suspected to affect the superstitions of the Church of Rome; 
We do hereby declare, that it is our Will and Pleasure, 
that none be permitted to pass in any Voyage, from time 
to time to be made into the said Country, but such as first 
shall have taken the Oath of Supremacy; For which Pur- 
pose, we do, by these Presents, give full Power and Au- 
thority, to the Treasurer for the time being, and any three 
of the Council, to tender and exhibit the said Oath to all 
such Persons as shall at any time be sent and employed 
in the said Voyage. . . . 

[It is a profitable exercise to read some of the sections in a more 
logical order. Thus the political provisions are seen better if arranged 
in the following sequence: XIV, XIII, XV, XXIII, XXIV, XXII, 
Certainly, too, XXVIII should follow, or be combined with, XVI, The 
utterly meaningless arrangement of many of these great documents, to- 
gether with the unpardonable carelessness of the copiers, account partly 
for their needless length and largely for their obscurity. 

Nova Britannia (No. 6 above) contains also an explanation of the 
method of "industry in common'' and of the proposed method of 
sharing profits, — all of which was continued ten years more under this 
charter : — 



44 ILLUSTRATIVE OF VIRGINIA HISTORY 

'' Wee call those Planters that goe in their persons to dwell 
there, and those Adventurers that adventure their money and 
go not in person ; and both doe make the members of one 
Colonie. We do account twelve pound ten shillings to be a 
single share adventured. Every ordinary man or woman, if 
they will goe and dwell there, and every childe above tenne 
yeares that shall be carried thither to remaine, shall be allowed 
for each of their persons a single share, as if they had adven- 
tured twelve pound ten shillings in money. [Extraordinarie 
men, as Divines, Governors, . . . Knights, Gentlemen, Physi- 
tions, and such as be men of worth for special services, to be 
rated higher, — as the Council may value them.] And like- 
wise, if any that goe to bee planters will lay downe money 
to the Treasurer, it shall be also registered and their shares 
inlarged, accordingly, be it for more or lesse. All charges of 
setling and maintaining the Plantation, and of making supplies, 
shall be borne in a joint stock of the adventurers for seven 
yeares after the date of our new enlargement : during which 
time there shall be no adventure nor goods returned in private 
from thence, neytheir by Master, Marriner, Planter, nor 
Passenger."] 

21. Third Charter for Virginia. March 12/22,1611/16121 

First printed in Stitli (cf. introduction to No. 16) ; found also in the 
collections of Poore and Tliorpe (cf. introduction to No. 15). 

The greater part of this document is given (1) to an enlargement of 
territory (by inclusion of the Somers islands), (2) to extraordinary rights 
of jurisdiction to compel fulfilment of contracts and to prevent slander 
of the Company, and (3) to provisions for lotteries for the Company's 
support. These parts are omitted. Only those clauses are given here 

1 England in the seventeenth century still used the "Old Style" dates, 
instead of the " New " or Gregorian Style. The year began March 25, instead 
of January 1, and all dates between these two (from January 1 to March 25) 
were then given in the year previous to the one in which our " New Style '' 
puts them. Moreover, the New Style moved all dates forward ten days. 
Therefore March 22, 1611, as the charter was dated at the time, means to us 
March 22, 1612. 



THIRD CHARTER FOR VIRGINIA 45 

which bear upon the reorganization of the Company and upon its powers 
of government. 

VII. — And We do hereby ordain and grant, by these 
Presents, that the said Treasurer and Company of Adventurers 
and Planters aforesaid, shall and may, once every Week, or 
oftener, at their Pleasure, hold and keep a Court and Assembly, 
for the better Order and Government of the said Plantation, 
and such things, as shall concern the same ; And that any 
five Persons of our Council for the said first Colony in Virginia, 
for the time being, of which Company the Treasurer, or his 
Deputy, to be always one, and the Number of fifteen others, 
at the least, of the Generality of the said Company, assembled 
together in such Manner as is and hath been heretofore used 
and accustomed, shall be said, taken, held, and reputed to be, 
and shall be a sufficient Court of the said Company, for the 
handling, and ordering, and dispathcing [dispatching] of all 
such casual and particular Occurrences, and accidental Mat- 
ters, of less Consequence and Weight, as shall, from time to 
time, happen, touching and concerning the said Plantation : 

VIII. — And that nevertheless, for the handling, ordering, 
and disposing of Matters and Affairs of greater W^eight and 
Importance, and such, as shall or may, in any Sort, concern 
the Weal Publick and General Good of the said Company and 
Plantation, as namely, the Manner of Government from time 
to time to be used, the Ordering and disposing of the Lands 
and Possessions, and the Settling and Establishing of a Trade 
there, or such like, there shall be held and kept, every Year, 
upon the last Wednesday, save one, of Hillary Term, Easter, 
Trinity, and Michaelmas Terms, for ever, one great, general, 
and solemn Assembly, which four Assemblies shall be stiled 
and called, Tlie four Great and General Courts of the Council 
and Company of Adventurers for Virginia ; In all and every 
of which said Great and General Courts, so assembled . . . 
the said Treasurer and Company, or the greater Number of 
them, so assembled, shall and may have full Power and 
Authority, from time to time, and at all times hereafter, to 



46 ILLUSTRATIVE OF VIRGINIA HISTORY 

elect and chuse discreet Persons, to be of our said Council for 
the said first Colony in Virginia^ and to nominate and appoint 
such officers, as they shall think fit and requisite for the Gov- 
ernment, Managing, Ordering, and Dispatching of the Affairs 
of the said Company ; And shall likewise have full Power and 
Authority, to ordain and make such Laws and Ordinances, for 
the Good and Welfare of the said Plantation, as to them, from 
time to time, shall be thought requisite and meet : So always, 
as the same be not contrary to the Laws and Statutes of this 
our Realm of England. . . . 

X. — And we do . . . further grant . . . that the said 
Treasurer and Company, or the greater Part of them ... so 
in a full and general Court assembled . . . shall and may . . . 
admit into their Company . . . any Person or Persons . . . 

XI. — And We do further . . . grant . . . that it shall be 
lawful and free for them . . . out of our Dominions ... to 
take, lead, carry and transport . . . for and toward the said 
Plantation of our said . . . Colony of Virginia all and so 
many of our loving Subjects ... as shall willingly accompany 
them. . . . 

XII. — And We do further . . . grant . . . that the said 
Treasurer of that Company, or his Deputy ... or any two 
other of the said Council . . . have full power and authority 
to minister and give the Oath and Oaths of Supremacy and 
Allegiance, or either of them, to all and every Person and 
Persons, which shall at any Time or Times ... go or pass 
to the said Colony. 

XX. — And further, our Will and Pleasure is, that in all Ques- 
tions and Doubts, that shall arise, upon any Difficulty of Con- 
struction or Interpretation of any Thing, contained in these, or 
any other our former Letters-patents, the same shall be taken 
and interpreted, in most ample and beneficial Manner for the 
said Treasurer and Company, and their Successors, and every 
Member thereof. 

XXI. — And lastly, we do, by these Presents, ratify and 
CONFIRM unto the said Treasurer and Company, and their 



DANGER FROM SPANISH ATTACK 47 

Successors, for ever, all and all Manner of Privileges, Franchises, 
Liberties, Immunities, Preheminences, Profits, and Commod- 
ities, whatsoever, granted unto them in any our former Letters- 
patents, and not in these Presents revoked, altered, changed, 
or abridged. 

Hints for Study. — 1. Compare the clauses relating to the oath of 
supremacy in- the second and third charters. (The passage given above 
contains all such matter found in the third charter.) When the third 
charter was issued, James liad broken with his first parliament, and 
probably wished to draw the great Catholic lords nearer to himself. 

2. Compare the provisions for the meeting of the whole Company in 
the second charter with the more specific provisions in the third. 

3. The most important sections are VII and VIII. Observe that no regu- 
lar meetings of the Council are provided. That body had lost all control- 
ling power ; it remained merely a preconsidering body, to prepare business 
for the meetings of the stockholders. Five of the Council, however, had to 
be of the small quorum necessary for one of the minor " courts " (VII), and, 
in fact, those minor courts were usually little more than Council meetings. 

From the general tenor of this charter and the preceding one, it would 
seem as though "Planters" from Virginia, if present in London, might 
attend the "Courts" and vote. But in practice, when this question 
was raised, it was decided against tha visiting Planters {Company Rec- 
ords, II, 301). Only holders of shares of stock could vote, and, in prac- 
tice, stock certificates were not issued for emigration to America. 

22. Danger from Spanish Attack (1607-1614) 

The following extracts from the correspondence between Zuiiiga, the 
Spanish ambassador at London, and the King of Spain are taken from 
the documents printed in Brown's Genesis. These letters were usually 
in cypher. The translations, of course, are in modern English. Cf. 
American History and Government, § 24. 

a. ZuTdga to the King of Spain; London, October 16, 

1607 

Those who urge the colonization of Virginia become every 
day more eager . . . and before Nativity there will sail from 
here [London] and from Plymouth five or six ships. It ivill 
be serving God and Your Majesty to drive these villains out from 
there, hanging them. 



48 ILLUSTRATIVE OF VIRGINIA HISTORY 

[In this same letter, Zuniga says that he has found a man to inform 
him of all the secret doings of the Council for Virginia ; and, November 10, 
he advises that the Spanish " Windward fleet" be used at once to drive 
out the colonists. The Spanish Council at Madrid reported, however, 
that the fleet was not in state of preparation.] 

[December 6.] As to Virginia, I hear that three or four 
other ships will return there. Will your Majesty give orders 
that measures he taken in time [to destroy the settlement] ; 
because now it will be very easy, and quite difficult afterwards, 
when they have taken root; and if they are punished in the 
beginning, the result will be that no more will go there. 

[December 22.] It appears that there will be more people 
there after Nativity than those I have written of. Wherefore 
Your Majesty will see how necessary it is to act with vigor 
and hasten the remedy. 

[After reading these letters, the Spanish Council made the following 
record : "The Council says that having informed Your Majesty . . . 
Your Majesty was pleased to command that there should be prepared 
whatever was necessary to drive out the people who are in Virginia." 
This report is indorsed by the King: "Not to let anyone know what 
is being done." 

Similar matter is found in letters from Zuriiga under date of March 
28, 1608 ; November 8, 1608.] 

[March 5, 1609.] The Baron de Arundel [an English 
Catholic who had been a candidate for the governorship of 
Virginia, and who now apparently was playing traitor] offers 
to leave here whenever Your Majesty may command, under 
pretext of a voyage of discovery, and that in the Canaries or 
Porto Rico he will take on board the person Y^our Majesty 
will send, as a man fleeing out of Spain, and will carry him 
to Virginia, and instruct him as to . . . the parts which the 
English hold . . . and that soon he will tell Your Majesty 
by what means those people may be driven out without 
violence.^ [But Zuniga urges immediate and violent action, 
since King James is sure to acquiesce afte)- the fact.] Hence 

1 A long report upon the state of Virginia, its geography and resources, by 
an Irishman in Spanish pay, is given in Brown's Genesis, I, 51*3-399. 



DANGER FROM SPANISH ATTACK 49 

Your Majesty icill command that they he destroyed with the utmost 
possible promptness. 

[April 12, 1609. After describing a new English expedition 
to Virginia, — Lord Delaware's.] Your Majesty will see the 
great importance of this matter for your Royal Service, and 
thus, I hope, will give orders to have these insolent people quickly 
annihilated. 

b. Velasco {Ziifiiga's Successor at the English Court) to 
the King of Spain; June 14> 1610 

[After reporting the news of the terrible winter of 1609 in 
Virginia] Thus it looks as if the zeal for this enterprise was 
cooling off, and it would be easy to make an end of it altogether by 
sending out a few ships to finish what might be left in that place. 

[The Spanish Council report upon this'letter to the King, and add : 
"It appears to the Council that this should be communicated to the 
Council of War . . . and that it be asked to state what will be right and 
proper to do, the supply of ships and whatever else may be needful for 
that purpose. Y. M. will command what shall be done." This is in- 
dorsed, with the King's signature, " It is well."" 

c. Dighy {English Ambassador at Madrid) to King 
James 

[September 22, 1612.] There is nothing so generally spoken 
of in the Courte as their intent to remove Our plantation from 
Virginia. And, for myne owne parte, I am of beliefe that the 
Spaniards will serve us as thei did the Frenchmen in Florida 
[Ribault's colony] unless wee undertake the business much 
more thoroughly and roundely then hitherto wee have donne.^ 
[November 12, 1612.] I got a view of his [Zunega's] dis- 
patch [by bribing some Spanish official, of course]. The chief 
matters were . . . that there was no cause to apprehend so 
much danger in Virginia . . . that he held it not unlikely the 

iFor more such exhortation and warning from Digby, see Brown's 
Genesis, 539, 588, 592-3, 787. 



50 ILLUSTRATIVE OF VIRGINIA HISTORY 

Business might sinke of itselfe, since it was maynteynecl but by 
these shifts, which could last but for a yeare or two. . . . 

[For some months after the above, however, Digby sends frequent 
warnings of a Spanish expedition which he thinks is preparing against 
Virginia (Brown, Genesis, 603, 609, 623) ; but May 13, 1613, he writes 
again to James I : ] 

. . . theire resolution is not to stirre therein until they shall 
be better informed . . . they are yet in a greate hope that the 
businesse will fall of itselfe. [Cf. other letters to the same 
effect, May 22, May 26, Aug. 15, in Brown's Genesis, 634, 635, 
656.^ 



IV. THE LIBERAL LONDON COMPANY AND SELF- 
GOVERNMENT IN VIRGINIA (1619-1624) 

23. From the Rules of the Virginia Company in London 

Peter Force's Historical Tracts, III (Washington, 1844), No. 6. 

These rules, one hundred thirty-two in number, and bulky enough to 
fill fifty pages of this volume, were adopted by the London Company 
shortly after it came under Liberal control, in June, 1619. For the 
history of the struggle in the Company, cf. a brief statement in American 
History and Government, § 27. 

XV. — At the great and generall Court, commonly called the 
Quarter Court, in Easter Terme, all offices of this Company 
(excepting the Counseil) shall be void : And the Court shall 
proceede to an election of new Officers, in manner following. 

XVII. — After the choise of a Treasuror, a Deputie shall be 
chosen ; then the Auditors, and Comitties ; and lastly the 
Secretarie, Bookekeeper, Husband, and Bedle. 

XVIII. — At the choise of each Officer, the persons nomi- 
nated for the election, shall withdraw themselves till the party 
chosen be publiquely so pronounced. And generally no man 
shall be present in the Court whilst himselfe or his matter 
passeth the judgement of the Court. 

XX. — It is for weighty reasons thought very expedient, 
that no man continue in the place of Treasurer or Deputie, 
above three yeares at once. 

XXI. — For the avoiding of divers inconveniences, It is 
thought fit that all elections of principall Officers in or for^ 
Virginia as also of the Treasurer and Deputie here, be per- 
formed by a Ballating box, as in some other Companies. 

1 This means /or, not in ; cf. Rule CI. 
51 



52 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

XXVI. — He [the Treasurer] is to propound and put all 
things to the question which the Court requires, under paine 
of being immediately put from his Office, if he refuse. In 
which case the Deputie shall doo it, under the like paine. And 
if he refuse, then any of the Council there present. 

LXXXIX. — Every man speaking in Court, shall addresse 
his speech to the Treasuror, or deputie in his absence, as 
representing the Court : And all private speeches, or directed 
to particular persons, shall be forborne. 

XCI. — No man with his speech shall interrupt the speech 
of another, before he have finished : Except the Treasurer, or 
in his absence the Deputie, (with approbation of the Court) see 
cause to put any to silence, for im pertinency, or other unseemely 
speaking. 

XCIV. — Whosoever shall attempt by private solicitation to 
packe the Court to any unjust or unlawfull end, shall, upon 
complaint, be convented before the Counseil, and, being con- 
victed, shall be disfranchized. 

CI. — All principal Officers in [for] Virginia, namely the 
Governour, Lieutenant Governour, Admirall, Marshal, chiefe 
Justice, and Treasuror, shall be chosen here by BaUating in 
a Quarter-Court. 

CII. — The Counseil established in Virginia, and all other 
Officers there reserved to the choise of the Companie here, 
shall be chosen in a Quarter-Court by onely erection of hands ; 
unlesse the Court desire to have it passe by BaUating. 

[The frequent reference to the ballot in these rules is a sufficient answer 
to an absurd claim that the English colonies had to learn that device 
from Holland. Cf. American History and Government., § 77. The use of 
the ballot is referred to frequently in the Company's Records, in accounts 
of elections under these rules, as in Records, I, 315, 368, 385, 440, 468, 
471, 474, 489 ; II, 28, 29, 154, 536, 537.] 



FIRST REPRESENTATIVE ASSEMBLY IN AMERICA 53 

24. An Order of the London Company as to Self-government 
February 2/12, 1619/20 

Becords of the Virginia Company in London (edited by Susan Kings- 
bury ; Washington, 1906), I, 303. 

This order, to provide for temporary self-government in new colonies 
under the jurisdiction of the Company, was adopted on the same day that 
the Company made four grants of land to companies expecting to settle 
in " Virginia." One of these grants was to John Pierce and his Associ- 
ates. Pierce was one of the London partners of the Mayflower Pilgrims. 
The order below may therefore have suggested to the Pilgrims the May- 
flower Compact (No. 52 below). 

It was ordered by generall Consent that such Captain es or 
Leaders of Perticnlerr Plantacions that shall goe there to 
inhabite ... in Virginia, shall have liberty, till a forme of 
Goverraent bee here settled for them, Associatinge unto them 
divers of the gravest and disereetes of their companies, to 
make Orders, Ordinances, and Constitucions for the better 
orderinge and dyrectinge of their Servants and buisines, Pro- 
vided they be not Repugnant to the Lawes of England. 



25. The First Representative Assembly in America 
July 30/August 9, 1619 

Stith and Hening (Nos. 16, 17), those early and zealous explorers in 
Virginian records, both believed that no record of this great Assembly 
was extant. George Bancroft, however, found a copy in the London 
Record Office, in 1856, and published it in the New York Historical Society 
Collections of 1857. A somewhat more critical text was published in 
1874 by Wynne and Oilman, in their thin volume of Colonial Becords of 
Virginia. The record was made by John Twine, Clerk of the Assembly. 
It is printed here almost in full. 

A reporte of the manner of proceeding in the General assembly 
convented at James citty in Virginia, July 30, 1619, consisting o;f 
the Governo^, the Counsell of Estate and two Burgesses elected 
out of eache Incorporation and Plantation, and being dissolved 
the 4"' of August next ensuing. 



54 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

First. Sir George Yeardley, Knight, Governo'' and Captaine 
general of Virginia, having sente his siimons all over the 
Country, as well to invite those of the Counsell of Estate that 
were absente as also for the election of Burgesses, there were 
chosen and appeared 

For James citty For the citty of Henricus 

Captaine William Powell, Thomas Dawse, 

Ensigne V^illiam Spense. John Polentine. 

For Kiccoicatan 

Captaine William Tucker, 



For Charles citty 



Samuel Sharpe, ttt-h- r^ 

, -^ , William Capp. 

Samuel J ordan. 

For ArgalVs guiffe 
For Martin Brandon — Capt. jyj^. p^^-yyig^^ 

John Martini's Plantation j^^. Qourgaing. 

Mr. Thomas Davis, 
Mr. Robert Stacy. 



For Flowerdieu hundred. 
Ensigne Rossingham, 
Mr. Jefferson. 

For Captain Lanme' s plantation 
Mr, Walter Shelley. ' CaptainChristopherLawne, 

Ensigne Washer. 



For Smythes hundred 

Captain Thomas Graves 



For Martins hundred por Captaine Wardens plantation 

Mr. John Boys, Captaine Warde, 

John Jackson. Lieutenant Gibbes. 

The most convenient place we could finde to sitt in was the 
Quire of the Churche Where Sir George Yeardley, the Govern- 
our, being sett down in his accustomed place, those of the 
Counsel of Estate sate nexte him on both handes, excepte onely 
the Secretary then appointed Speaker, who sate right before 
him, John Twine, clerke of the General assembly, being placed 
nexte the Speaker, and Thomas Pierse, the Sergeant, standing 
at the barre, to be ready for any Service the Assembly should 
comaund him. But forasmuche as men's affaires doe little 
prosper where God's service is neglected, all the Burgesses 



FIRST REPRESENTATIVE ASSEMBLY IN AMERICA 55 

tooke their places in the Quire till a prayer was said by Mr. 
Bucke, the Minister, that it would please God to guide and 
sanctifie all our proceedings to his owne glory and the good of 
this Plantation. Prayer being ended, to the intente that as 
we had begun at God Almighty, so we might proceed with 
awful and due respecte towards the Lieutenant, our most gra- 
tious and dread Soveraigne, all the Burgesses were intreatted 
to retyre themselves into the body of the Churche, which being 
done, before they were fully admitted, they were called in order 
and by name, and so every man (none staggering at it) tooke 
the oathe of Supremacy, and then entred the Assembly. . . . 

These obstacles removed, the Speaker, who a long time had 
bene extreame sickly and therefore not able to passe through 
lon'g harrangues, delivered in briefe to the whole assembly the 
occasions of their meeting. Which done, he read unto them 
the commission for establishing the Counsell of Estate and 
the general Assembly, wherein their duties were described to 
the life. 

Having thus prepared them, he read over unto them the 
greate Charter, or commission of priviledges, orders and lawes, 
sent by Sir George Yeardly out of Englande. Which for the 
more ease of the Committies, having divided into fower books, 
he read the former two the same forenoon, for expeditious sake, 
a second time over, and so they were referred to the persuall of 
twoe Comitties, which did reciprocally consider of either, and 
accordingly brought in their opinions. But some men may 
here objecte to what ende we should presume to referre that 
to the examination of the Comitties which the Counsell and 
Company in England had already resolved to be perfect, and 
did expecte nothing but our assente thereunto ? To this we 
answere that we did it not to the ende to correcte or controll any- 
thing therein contained, but onely in case we should finde ought 
not perfectly squaring with the state of this Colony, or any lawe 
which did presse or binde too harde, that we might, by waye of 
humble petition, seeke to have it redressed, especially because 
this great Charter is to binde us and our heyers for ever. . . . 



56 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

After dinner the Governor and those that were not of the 
Comitties sate a seconde time, while the said Comitties were 
employed in the perusall of those twoe bookes. And whereas 
the Speaker had propounded fower severall objects for the 
Assembly to consider on : namely, first, the great charter of 
orders, lawes, and priviledges ; Secondly, which of the instruc- 
tions given by the Counsel in England to my [Lord De La 
Warre], Captain Argall, or Sir George Yeardley, might conven- 
iently putt on the habite of lawes ; Thirdly, what lawes might 
issue out of the private conceipte of any of the Burgesses, 
or any other of the Colony ; and lastly, what petitions were fitt 
to be sente home for England. It pleased the Governour for 
expedition sake to have the second objecte of the fower to be 
examined and prepared by himselfe and the Non-Comitties. 
Wherin after having spente some three howers conference, the 
twoe Committies brought in their opinions concerning the twoe 
former bookes, (the second of which beginneth at these words 
of the Charter : And foreasmuche as our intente is to establish 
one equall and uniforme kinde of government overall Virginia 
etc.,) which the whole Assembly, because it was late, deffered 
to treatt of till the next morning. 

Satturday, July 31. — The nexte daye, therefore, out of 
the opinions of the said Comitties, it was agreed these Petitions 
ensuing should be framed, to be presented to the Treasurer, 
Counsel and Company in England. . . . 

These petitions thus concluded on, those twoe Comitties 
broughte me a reporte what they had observed in the two latter 
bookes, which was nothing else but that the perfection of them 
was suche as that they could finde nothing therein subject to 
exception. . . . 

At the same time, there remaining no farther scruple in the 
mindes of the Assembly, touching the said great Charter of 
lawes, orders and priviledges, the Speaker putt the same to the 
question, and so it had both the general assent and the applause 
of the whole assembly, who, as they professed themselves in 



FIRST REPRESENTATIVE ASSEMBLY IN AMERICA 57 

the first place most submissivily thankfull to almighty god, 
therefore so they commaiinded the Speaker to returne (as nowe 
he doth) their due and humble thankes to the Treasurer, 
Counsell and company for so many priviledges and favours, as 
well in their owne names as in the names of the whole Colony 
whom they represented. 

This being dispatched we fell once more debating of suche 
instructions given by the Counsell in England to several 
Governors as might be converted into lawes, the last whereof 
was the Establishment of the price of Tobacco, namely, of the 
best at 3 d and the second at 18 d the pounde, . . . 

Sunday, Aug. 1. — Mr. Shelley, one of the Burgesses, de- 
ceased. 

MuNDAY, Aug. 2. — . . . , the Committies appointed to 
consider what instructions are fitt to be converted into lawes, 
brought in their opinions, and first of some of the general 
instructions. 

Here begin the lawes drawen out of the In- 
structions given by his Majesties Counsell 
of Virginia in England to my lo : la 
warre [Lord Delaware] Captain Argall 
and Sir George 
Yeardley, knight. 

By this present Generall Assembly be it enacted, that no 
injury or oppression be wrought by the Englishe against the 
Indians whereby the present peace might be disturbed and 
antient quarrells might be revived. . . . 

Against Idleness, Gaming, durunkenes, and excesse in ap- 
parell, the Assembly hath enacted as followeth : 

Eirst, in detestation of Idlenes be it enacted, that if any 
men be founde to live as an Idler or renagate, though a freed- 
man, it shalbe lawfull for that Incorporation or Plantation to 
which he belongeth to appoint him a Mr [Master] to serve for 
wages, till he shewe apparant signes of amendment. 



58 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

Against gaming at dice and Cardes be it ordained by this 
present assembly that the winner or winners shall lose all his 
or their winninges and both winners and loosers shall forfaicte 
ten shillings a man, one ten shillings whereof to go to the dis- 
coverer, and the rest to charitable and pious uses in the In- 
corporation where the faulte is comitted. 

Against drunkenness be it also decreed that if any private 
person be found culpable thereof, for the first time he is to be 
reprooved privately by the Minister, the second time publiquely, 
the thirde time to lye in holies 12 howers in the house of the 
Provost Marshall and to paye his fee, and if he still continue 
in that vice, to undergo suche severe punishment as the 
Governor and Counsell of Estate shall thinke fitt to be inflicted 
on him. [Provision for milder penalty for drunken officials.] 

Against excesse in apparell, that every man be cessed in the 
churche for all publique contributions, if he be unmarried 
according to his owne apparrell, if he be married according to 
his owne and his wives, or either of their apparrell. . . . 

Be it enacted by this present assembly that for laying a 
surer foundation of the conversion of the Indians to Christian 
Religion, cache towne, citty, Borrough, and particular planta- 
tion do obtaine unto themselves by just means a certaine 
number of the natives' children to be educated by them in the 
true religion and civile course of life — of which children the 
most towardly boyes in witt and graces of nature to be brought 
up by them in the first elements of litterature, so to be fitted 
for the Colledge intended for them, that from thence they may 
be sente to that worke of conversion. 

As touching the business of planting corne this present 
Assembly doth ordaine that yeare by yeare all and every 
householder and householders have in store for every servant 
he or they shall keep, and also for his or their owne persons, 
whether they have any Servants or no, one spare barrell of 
corne, to be delivered out yearly, either upon sale or exchange 
as need shall require. For the neglecte of which duty he 
shalbe subjecte to the censure of the Governor and Counsell of 



FIRST REPRESENTATIVE ASSEMBLY IN AMERICA 59 

Estate. Provided alwayes that the first yeare of every newe 
man this lawe shall not be of force. 

About the Plantation of Mulberry trees, be it enacted that 
every man as he is seatted upon his division, doe for seven years 
together every yeare plante and maintaine in growte six Mul- 
berry trees at the least, and as many more as he shall thinke con- 
veniente and as his virtue and Industry shall move him to plante, 
and that all suche persons as shall neglecte the yearly planting 
and maintaining of that small proportion shalbe subjecte to the 
censure of the Governour and the Counsell of Estate. 

Be it farther enacted as concerning Silke-flaxe, that those 
men that are upon their division or setled habitation doe this 
next yeare plante and dresse 100 plantes, which being founde a 
comedity, may farther be increased. And whosoever do faill 
in the performance of this shalbe subject to the punishment 
of the Governour and Counsell of Estate. 

For hempe also both Englishe and Indian, and for Englishe 
flax and Anniseeds, we do require and enjoine all householders 
of this Colony that have any of those seeds to make tryal 
thereofe the nexte season. 

Moreover be it enacted by this present Assembly, that every 
householder do yearly plante and maintaine ten vines untill 
they have attained to the art and experience of dressing a 
Vineyard either by their owne industry or by the Instruction 
of some Vigneron . . . upon what penalty soever the Gov- 
ernor and Counsell of Estate shall thinke fitt to impose upon 
the neglecters of this acte. 

Be it also enacted that all necessary tradesmen, or so many 
as need shall require, suche as are come over since the depar- 
ture of Sir Thomas Dale, or that shall hereafter come, shall 
worke at their trades for any other man, each one being 
payde according to the quality of his trade and worke, to be 
estimated, if he shall not be contented, by the Governor and 
officers of the place where he worketh. 

Be it further ordained by this General Assembly, and we 
doe by these presents enacte, that all contractes made in Eng- 



60 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

land between the owners of lancle and their Tenants and Ser- 
vantes which they shall sende hither, may be caused to be 
duely performed, and that the offenders be punished as the 
Governour and Counsell of Estate shall thinke just and con- 
venient. 

Be it established also by this present Assembly that no 
crafty or advantagious means be suffered to putt in practise 
for the inticing awaye the Tenants or Servants of any particu- 
lar plantation from the place where they are seatted. And 
that it shalbe the duty of the Governor and Counsell of Estate 
most severely to punishe both the seducers and the seduced, 
and to returne these latter into their former places. . . . 

Tuesday, Aug. 3, 1619. — . . . Captaine William Powell 
presented a Petition to the generall Assembly against one 
Thomas Garnett, a servant of his, not onely for extreame neg- 
lect of his business to the great loss and prejudice of the said 
Captaine, and for openly and impudently abusing his house, 
. . . but also for falsely accusing him to the Governor both of 
Drunkenes and Thefte, and besides for bringing all his fellow 
servants to testify on his side, wherein they justly failled him. 
It was thought fitt by the general assembly (the Governour 
him self e giving sentence), that he should stand fower dayes 
with his eares nayled to the Pillory, viz : Wednesday, Aug 4th, 
and so likewise Thursday, fryday and Satturday next following, 
and every of those fower dayes should be publiquely whipped. 
Now, as touching the neglecte of his worke, what satisfaction 
ought to be made to his Mr. for that is referred to the Governor 
and Counsell of Estate. 

The same morning the lawes abovewritten, drawen out of the 
instructions, were read, and one by one thoroughly examined, 
and then passed once again. . . . 

Wednesday Aug. 4th. — This daye (by reason of extream 
heat, both paste and likely to ensue, and by that meanes of the 
alteration of the healthes of diverse of the general Assembly) 
the Governour, who himself e also was not well, resolved should 



FIRST REPRESENTATIVE ASSEMBLY IN AMERICA 61 

be the last of this hrst session ; so in the morning the 
Speaker (as he was required by the Assembly) redd over all 
the lawes and orders that had formerly passed the house, to 
give the same yett one reviewe more, and to see whether there 
were any thing to be amended or that might be excepted againste. 
This being done, the third sorte of lawes which I am nowe coming 
to sett downe, were read over [and] thoroughly discussed, which 
together with the former, did now passe the last and finall con- 
sente of the General Assembly. 

A third sorte of lawes, suche as may issue out of 
every man's private conceipte. 

. . . All Ministers in the Colony shall once a year, namely, 
in the moneth of March e, bring to the Secretary of Estate a 
true account of all Christenings, burials and marriages, upon 
paine, if they faill, to be censured for their negligence by the 
Governor and Counsell. . . . 

No man, without leave of the Governor, shall kill any Neatt 
Cattle whatsoever, young or olde, especially kine . . . upon 
penalty of forfeiting the value of the beast so killed. 

Whosoever shall take any of his neighbors' boates, oares, or 
canvas, without leave from the owner, shall be held and es- 
teemed as a felon, and so proceeded against.^ 

All ministers shall duly read divine service, and exercise 
their ministerial function according to the Ecclesiastical lawes 
and orders of the churche of Englande, and every Sunday in 
the afternoon shall Catechize suche as are not yet ripe to come 
to the Com. And whosoever of them shalbe found negligent 
or faulty in this kinde shalbe subject to the censure of the 
Governor and Counsell of Estate. . . . 

For reformation of swearing, every freeman and Master of a 
family, after thrice admonition [by church wardens], shall give 
5 s ... to the use of the church . . . and every servant . . . 
except his Mr discharge the tine, shalbe subject to whipping. 



1 Water was the only means of travel and trade. To steal a boat was 
equivalent to horse-stealing in a cow-boy country today. "Felony" was 
punishable by death. 



62 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

Provided that, the payment of the tine notwithstanding, the 
said servant shall acknowledge his faulte publiqnely in the 
Churche. 

All persons whatsoever upon the Sabaoth daye shall frequeute 
divine service and sermons both forenoon and afternoon, and 
all SLiche as beare arms shall bring their pieces, swordes, poulder 
and shotte. And every one that shall trangresse this lawe shall 
forfaicte three shillinges a time to the use of the churche, all 
lawful and necessary impediments excepted. But if a servant 
in this case shall wilfully neglecte his Mr's commande he shall 
suffer bodily punishmente. 

No maide or woman servant, either now resident in the Col- 
onic or hereafter to come, shall contract herselfe in marriage 
without either the consente of her parents, or of her Master or 
Mistress, or of the magistrat and minister of the place both 
together. And whatsoever minister shall marry or contracte 
any suche persons without some of the foresaid consentes shalbe 
subjecte to the severe censure of the Governor and Counsell of 
Estate. 

Here ende the lawes. 

. . . Captain Henry Spellman was called to the barre 
to answere to certaine misdemeanors . . . whereupon the 
General Assembly, having thoroughly heard and considered 
his speeches [evidence had been taken and defense put in], 
did constitute the following order [For exposing the colony to 
disturbance from the Indians by inciting them to disrespect 
of the government, Spellman was "degraded of his title of 
Captaine " and "condemned to performe seven yeares service to 
the Colony " as an interpreter to the governor.] 

[Provision that every male in the colony over 16 years of 
age shall be taxed " one pound of the best tobacco " for pay to 
the officers of the Assembly.] 

Thirdly, the General Assembly doth humbly beseech the 
, . . Treasurer, Counsell and Company that, albeit it belongeth 



THE LONDON COMPANY'S "DECLARATION" 63 

to them onely to allowe or to abrogate any lawes which we shall 
here make . . . yet that it would please them not to take it in 
ill parte if these lawes ... do passe currant and be of force till 
suche time as we may knowe their farther pleasure. . . . 

Their last humble suite is that the said Counsell and Company 
would be pleased, so soon as they shall find it convenient, to 
make good their jyromise sett downe at the couchmon of their 
commission for establishing the Counsel of Estate and the General 
Assembly, namely that they give us power to allowe or to disallowe 
of their orders of Courts, as his Majesty hath given them power 
to allowe or reject our laices. 

In sume, Sir George Yeardley, the Governor, prorogued the 
said general Assembly till the firste of Marche, which is to 
fall out this present yeare of 1619 [1620. New Style; cf. note, 
page 44], and in the mean season dissolved the same. 

26. The London Company's "Declaration,'' June, 1620 

Peter Force's Historical Tracts (Washington, 1844), III, No. 5. 

Sandys resigned liis " Treasurership " at the Court of the Company 
in May, 1620. The statistics of his report, with an enthusiastic general 
statement to introduce them, were published soon afterward by the 
Company as " A Declaration of the State of the Colonic and Affaires in 
Virginia." Sandys' report is now printed in full in the Becords of the 
Company, edited by Susan Kingsbury (Washington, 1906). 

After the many disasters wherewith it pleased Almighty 
God to suffer the great Enemy of all good Actions to en- 
counter and interrupt this noble Action for the planting of 
Virginia with the Christian Religion and English people, 
it having pleased him now, contrarily, of his especiall great 
grace, so to blesse and prosper our late carefull endeavors . . . 
that [the colony] hath as it were growne to double that height, 
strength, plenty, and prosperity which it had in former 
times. . . . We have thought it now the peculiar duety of 
our place ... to Summon, as it were, by a kinde of loving 
invitement, the whole body of the Noble and other worthy 
Adventurors, as well to the . . . perfecting of this happy 



64 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

worke as to the reaping of the fruit of their great expenses 
and travailes. 

. . . [And first, to remove the effect of slanders upon Virginia, 
the Company declares] the Countrey is rich, spacious, and well 
watered; temperate as for the Climate; very healthfull after 
men are a little accustomed to it; abounding with all Gods 
naturall blessings : The Land replenished with the goodliest 
Woods in the world, and those full of Deere, and other Beasts 
of sustenance : The Seas and Rivers (whereof many are ex- 
ceeding faire and navigable) full of excellent Fish, and of 
all sorts desireable ; both Water and Land yeelding Fowle in 
very great store and variety : In Summe, a Countrey too good 
for ill people ; and wee hope reserved by the providence of God 
for such as shall apply themselves faithfully to his service 
and be a strength and honour to our King and Nation. . . . 

The rich Furres, Caviary, and Cordage, which we draw 
from Russia with so great difficulty, are to be had in Virgiyiia, 
and the parts adjoining, with ease and plenty. The Masts, 
Planckes, and Boords, the Pitch and Tarre, the Pot-ashes and 
Sope-ashes, the Hempe and Flax (being the materials of 
Linnen) which now we fetch from Norway, Denmarke, Poland, 
and Germany, are there to be had in abundance and great 
perfection. The Iron, which hath so wasted our English 
Woods,^ that it selfe in short time must decay together with 
.them, is to be had in Virginia (where wasting of Woods is a 
benefit) for all good conditions answerable to the best in the 
world. The Wines, Fruite, and Salt of France Q.nd Spaine, 
The Silkes of Persia and Italie, will be found also in Virginia, 
and in no kinde of worth inferior. Wee omit here a multitude 
of other naturall Commodities, dispersed up and downe the 
divers parts of the world : of Woods, Rootes, and Berries, for 
excellent Dyes : Of Plants and other Drugges, for Physicall 
service : Of sweet Woods, Oyles, and Gummes, for pleasure 
and other use: Of Cotton-wooll, and Sugar-Canes : all which 

iWood was the fuel then used to smelt ircii ore. 



THE LONDON COMPANY'S "DECLARATION" 65 

may there also be had in abuDclance, with an infinity of other 
more : And will conclude with these three, Corne, Cattle, and 
Fish, which are the substance of the foode of man. The 
Graines of our Countrey doe prosper there very well : Of 
Wheate they have great plenty : But their Maze, being the 
naturall Graine of that Countrey, doth farre exceede in pleas- 
antnesse, strength, and fertility. The Cattle which we have 
transported thither (being now growne neere to five hundred) 
become much bigger of Body then the breed from which they 
came: The Horses also 'more beautiful!, and fuller of courage. 
And such is the extraordinary fertility of that Soyle, that the 
Does of their Deere yeelde two Fawnes at a birth, and some- 
times three. The Fishings at Cape Cocld, being within those 
Liiflits, will in plenty of Fish be equall to those of Neiv found 
Land, and in goodnesse and greatnesse much superiour. To 
conclude, it is a Countrey, which nothing but ignorance can 
thinke ill of, and which no man but of a corrupt minde and 
ill purpose can defame. 

Now touching the present estate of our Colony in that Coun- 
try, Wee have thought it not unfit thus much briefly to de- 
clare. There have beene sent thither this last yeare, and are 
now presently in going, twelve hundred persons and upward, 
as particularly appeareth in the note above [below] specified: 
and there are neere one thousand more remaining of those 
that were gone before. TJie men lately sent, have heene most 
of them choise men, home and bred up to labour and industry. 
Out of Devonshire, about an hundred men, brought up to Hus- 
baiidry. Out of Warivickshire and Staffordshire, above one hun- 
dred and ten; and out of Sussex about forty; all framed to 
Iron-ivorkes : the rest dispersedly out of divers Shires of the 
Realme. There have been also sundry persons of good quality, 
much commended for sufficiency, industry and honesty, provided 
and sent to take charge and government of those j)eople. The 
care likewise that hath beene taken by directions. Instructions, 
Charters, and Commissions to reduce the people and affaires 
in Virginia into a regular course, hath beene such and so 



66 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

great that the Colony beginneth now to have the face and 
fashion of an orderly State, and such as is likely to grow and 
prosper. The people are all divided into severall Burroughs ; 
each man having the shares of Land due to him set out, to 
hold and enjoy to him and his Heires. The publique Lands 
for the Company here, for the Governor there, for the College, 
and for each particular Burrough, for the Ministers also, and 
for divers other necessary Officers, are likewise laid out by 
order, and bounded. The particular Plantations for divers 
private Societies, are settled in their Seates, being allotted 
to their content, and each in convenient distance. Tlie rigour 
of 3f art (all Law, wherewith before they icere governed, is reduced 
within the limits prescribed by his Majesty: and the laudable 
forme of Justice and government used in this Bealme [is] es- 
tablished and followed as neere as may be. TJie governour is 
so restrained to a Counseil joyned ivith him that hee can doe no 
wrong to no man ivho may not have speedy remedy. . . . 

In summe, they [the colonists] are now so full of alacritie and 
cheerefulnesse, that, in a late generall Assembly, they have, in 
the name of the Colony, presented their greatest possible 
thankes to the Company. . . . 

[After enumerating recent grants] 

These and other like Planters^ having priority of time, will 
have priority also in choise of the Seat of their Plantations. 
Seeing therefore the onely matter of retribution to the Adven- 
turors, is by a faire proportion of Land to them and their heires ; 
namely of one hundred acres for every share of twelve pounds 
and ten shillings, upon a first division ; and as much more upon 
a second, the first being peopled ; with fiftie acres for every per- 
son (to be doubled in like manner) which at their owne charges 
they shall transport to inhabit in Virginia before the 24th day 
of June 1625 [therefore, quite after the fashion of modern land 
companies,- intending " adventurers " are urged to invest 
promptly, before the choice land is all taken]. 



THE LONDON COMPANY'S "DECLARATION" 67 

Note of the Shipping, Men, and Provisions sent to 
Virginia, by the Treasurer and Company in the ye.ere, 1619. 

a. Ships. 

The Bona Nova of 200. Tun sent in August 1619. with 120 persons. 

The Duty, of 70, Tunne, sent in January 1619. with 51. persons. 

The Jonathan, of 350. Tun, sent in February, 1619. with 200. persons. 

The Triall, of 200. Tun, sent in February, 1619. with 40. persons, 
and 60. Kine. 

The Faulcon, of 150. Tun, sent in February, 1619. with 36. persons, 
and 52. Kine, and 4. Mares. 

The London Merchant, of 300. Tun, sent in March, 1619. with 200. persons. 

The Swan of Barnstable, of 100. Tun, in March, 1619. with 71. persons. 

The Bonaventiire, of 240. Tun, sent in Aprill, 1620. with 153. persons. 

Besides these, sent out by the Treasurer and Company, ther have been 
sennt outt by particularr adventurers for private Plantations. 

The Garland, of 25. Tunne, sent in June, 1619, for Mr. John Ferrars 
Plantation, with 45. persons. Who are yet deteyned in the Summer 
Islands. 

A Ship of Bristoll, of 80. Tunne, sent in Septemb. 1619. for Mr. Bar- 
kleys Plantation, with 45. persons. 

Ther are allso two Ships in providinge to be shortlie gone, for about 
300 Personnes more, to be sent by priyvate Adventurers to Virginia. 

Summe 

Summe of the Persons 1261 

Whereof in eight Ships sett out by the 

Treasurer and Company 871 

[The other 390 came in other vessels, not sent by the Company.] 

Of these [871], there were sent for Publique and other Pious uses these 
ensuinge. 

Tenants for the governors Land 080 

Tenants for the Companies Land 130 

Tenants for the Colledge Land 130 

Tenants for the Mynisters gleab Land 050 

Young Maydens to make wives 090 

Boyes to make Apprentises 100 

Servants for the Publique 050 

Men sent to beare up the Charge of bringinge 

upp thirty of the Infidles Children in 

true religion and Civilitie 050 

Summe of the Persons for Publique use is 650 [680] 



68 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

b. Commodities. 

The Commodities ivhich these i^eople are dyrected principally to 
apply {iiext to their owne yiecessary mayntenance) are these ensuinge. 

Iron, for which are sent 150 persons to sett upp three Iron 
works ; proofe havinge beene made of the extraordinary good- 
nes of that Ironn. 

Cordage .... 

Pitch and Tarr, Pott Ashes, and Sope Ashes, — for the 
makinge whereof the Folackers are returned to their workes. 

Timber of all sorts, with Masts, Plankes and Boordes for 
provision of Shippinge, etc. ; ther beinge not so good Timber 
for all uses in any one knowne Countrey whatsoever. And 
for the ease and encrease of divers of these workes, provision 
is sent of men and materiales for the settinge upp of Sundry 
Sawinge Mills. 

SiLKE : for which that Country is exceedinge proper, haveing 
innumerable store of Mulberie Trees of the best, and some 
Silke-wormes naturally found upon them [caterpillars ?] pro- 
ducing excellent Silke : some whereof is to be seene. For the 
setting up of which Commoditie, his Majesty hath beene 
gratiouslie pleased now the second time (the former haveing 
miscarried) to bestowe uppon the Company plenty of Silke- 
wormes seed of his owne store, being the best. 

Vines : whereof the Countrey yeeldeth naturally greate 
store, and of sundry sorts : which by Culture wilbe brought 
to. excellent perfection. For the effectinge whereof, divers 
skillful Vignerons are sent, with store allso from hence of Vine 
plantes of the best sort. 

Salt : which workes haveinge been lately suffered to decay, 
are now ordered to be sett upp in so great plenty, as not onely 
to serve the Collony for the present ; but as is hoped in short 
time allso the great Fishinge on those Coastes. 

For the followinge, workinge, and perfectinge of these 
Commodities, all provisions necessary for the present are sent 
in good aboundance. As likewise the people that goe, are 



THE LONDON COMPANY'S "DECLARATION" 69 

plentifully furnished with Apparell, Beddinge, Victuall for 
sixe moneths : Implements both for House and labour, Armour, 
weapons, tooles, and sundry other necessaries. And a supply 
of Armour, Powder, and many necessary provisions is made 
for those of the Colonic which were there before ; yet without 
any prejudice to the former Magazine. 

c. Gifts-^ 

Tliere have heene given to the Collonie this Tjeere, hy Devoute 
Persons, these guifts ensidnge. 

Two Persons, unknowne, have given faire Plate and other 
rich Ornaments for two Communion Tables ; whereof one for 
the Colledge, and the other for the Church of Mistress Mary 
Robinson's foundinge : who in the former yeere by her Will 
gave 200. pounds towards the foundinge of a Church in Virginia. 

Another unknowne person ^ (together with a goodly letter) 
hath lately sent to the Treasurer 550. pounds in gold, for the 
bringing up of Children of the Infidels : first in the Knowledge 
of God and true Religion ; and next, in fitt Trades whereby 
honestly to live. 

Master Nicolas Ferrar deceased, hath by his Will given 300. 
pounds to the College in Virginia, to be paid, when there 
shall be ten of the Infidels children placed in it. And in the 
meane time foure and twenty pounds by yeere, to be distrib- 
uted unto three discreet and Godlie men in the Colony, which 
shall honestly bring up three of the Infidels children in Chris- 
tian Religion, and some good course to live by. 

An unnamed person sent to the Treasurer the summe of ten 
pounds, for advancing the Plantation.^ 

1 This part of the appendix to the Declaration is taken from Sir Edwin 
Sandys' report in May, and his wording is followed here (Records, I, 353, 354) . 
It is plain that such gifts were made because the Company had the char- 
acter of a foreign missionary society. 

2 This person in his letter to the Company signs himself " Dust and Ashes," 
and, in a later communication, " D.& A." 

3 The entry in the Records of the Company (I, 335) speaks of this gift " for 
some good uses in Virginia." 

In 1622, " a person not willinge as yet to be knowne " sent £ 25 " to helpe 



70 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

27. The Ordinance of 1621 for Virginia 

Stith's History of Virginia, App. IV; Hening's Statutes, I, 110 ff. 

The Becords of the Virginia Assembly of 1619 (see No. 25 above) show 
that the London Company liad given to the settlers a " great charter." No 
copy of it exists ; but apparently its political features were repeated in 
this document, issued by the Company July 24/Aug. 3, 1621, on the ap- 
pointment of a new governor. This great Ordinance has sometimes been 
called, mistakenly. The First Charter to the Virginian Colonists. It is 
the second such charter. Cf. American History and Oovernment, § 30. 

An Ordinance and Constitidion of the Treasurer, Council, and 
Co7npany in lS>ng\sind, for a Council of State and Genercd As- 
sembly. 

I. — To all People, to whom these Presents shall come, be 
seen, or heard, The Treasurer, Council, and Company of Ad- 
venturers and Planters for the city of London for the first 
Colony of Virginia send Greeting. Kn"ow ye, that we, the 
said Treasurer, Council, and Company, taking into our Con- 
sideration the present State of the said Colony of Virginia, and 
intending, by the Divine Assistance, to settle such a Form of 
Government there, as may be to the greatest Benefit and Com- 
fort of the People, and whereby all Injustice, Grievances, and 
Oppression may be prevented and kept off as much as possible 
from the said Colony, have thought fit to make our Entrance, 
by ordering and establishing such Supreme Councils as may 
not only be assisting to the Governor for the time being, in the 
Administration of Justice, and the Executing of other Duties 
to this Office belonging, but also, by their vigilant Care and 
and Prudence, may provide as well for a Remedy of all In- 
conveniences, growing from time to time, as also for the ad- 
vancing of Increase, Strength, Stability, and Prosperity of the 
said Colony : 

forward the ' East India ' Schoole." I count up twelve entries of such gifts iu 
three years' Records. Iu 1623 the Company reported that in the past four years 
there had been contributed " towards the forwardinge of this glorious Worke, 
. . . presents to the value of fifteen hundred pounds, by zealous and devoute 
Persons, most of them refusinsr to be named.'' 



THE ORDINANCE OF 1621 FOR VIRGINIA 71 

II. — We therefore, the said Treasurer, Council, and Com- 
pany, by Authority directed to us from his Majesty under the 
Great Seal [section xiii of the Second Charter ; p. 40 above], 
upon Mature Deliberation, do hereby order and declare, that, 
from hence forward, there shall be Two Supreme Councils in 
Virginia, for the better Government of the said Colony aforesaid. 

III. — The one of which Councils, to be called The Couxcil 
OF State (and whose Office shall chiefly be assisting^, with their 
Care, Advice, and Circumspection, to the said Governor) shall 
be chosen, nominated, placed, and displaced, from time to time, 
by Us, the said Treasurer, Council, and Company, and our Suc- 
cessors : Which Council of State shall consist, for the present, 
only of these persons, as are here inserted, viz. Sir Francis 
Wyat, Governor of Virginia, Captain Francis West, Sir George 
Yeardley, Knight, Sir William Neuce, Knight Marshal of Vir- 
ginia, Mr. George Sandys, Treasurer, Mr. George Tliorpe, Dep- 
uty of the Colle ;e, Captain Tlionias Neuce, Deputy for the 
Company, j\Ir. P,avlet, Mr. Leech, Captain Nathaniel Powel, 
Mr. Christopher Davison, Secretary, Di\ Pots, Physician to the 
Company, Mr. Roger Smith, Mr. John Berkeley, Mr. Johyi 
Rolfe, IVIr. Ralph Hamer, Mr. John Pountis, Mr. Michael Lap- 
worth, Mr. Harwood, Mr. Samuel Macock. Which said Counsel- 
lors and Council we earnestly pray and desire, and in his Maj- 
esty's Name strictly charge and command, that (all Factions, Par- 
tialities, and sinister Respect laid aside) they bend their Care and 
Endeavours to assist the said Governor ; first and principally, in 
the Advancement of the Honour and Service of God, and the 
Enlargement of his Kingdom amongst the Heathen People; 
and next, in erecting of the said Colony in due Obedience to 
his Majesty, and all lawful Authority from his Majesty's Di- 
rections ; and lastly, in maintaining the said People in Justice 
and C/iris^iVm Conversation amongst themselves, and in Strength 
and Ability to withstand their Enemies. And this Council to 
be always, or for the most Part, residing about or near the 
Governor. 

IV. — The other Council, more generally to be called by the 



72 SELP-GOVEHNMENT IN VIRGINIA, 1619-1624 

Govei'iior once Yearly, and no oftener but for very extraordi- 
nary and important Occasions, shall consist, for the present, of 
the said Council of State, and of two Burgesses out of every 
Town, Hundred, or other particular Plantation, to be respec- 
tively chosen by the Inhabitants : Which Council shall be called 
The General Assembly, wherein (as also in the said Council 
of State) all Matters shall be decided, determined, and ordered, 
by the greater Part of the Voices then present ; reserving to 
the Governor always a Negative Voice. And this General As- 
sembly shall have free Power to treat, consult, and conclude, 
as well of all emergent Occasions concerning the Publick Weal 
of the said Colony and every Part thereof, as also to make, or- 
dain, and enact such general Laws and Orders for the Behoof 
of the said Colony, and the good Government thereof, as shall, 
from time to time, appear necessary or requisite ; 

V. — Whereas in all other Things, we require the said Gen- 
eral Assembly, as also the said Council of State, to imitate and 
follow the Policy of the Form of Government, Laws, Customs, 
and Manner of Trial, and other Administration of Justice, used 
in the Eealm of England, as near as may be, even as ourselves, 
by his Majesty's Letters Patent are required. 

VI. — Provided, that no Law or Ordinance, made in the 
said General Assembly, shall be or continue in Force or Va- 
lidity, unless the same shall be solemnly ratified and confirmed 
in a General Quarter Court of the said Company here in Eng- 
land, and so ratified, be returned to them under our Seal ; It 
being our Intent to afford the like Measure also unto the said 
Colony, that after the Government of the said Colony shall 
once have been well framed, and settled accordingly, which is 
to be done by Us, as by Authority derived from his Majesty, 
and the same shall have been so by us declared, no Orders of 
Court afterwards shall bind the said Colony, unless they be 
ratified in like Manner in the General Assemblies ^ . . . 



1 Such a promise in the preceding "great charter " is plainly referred to in 
the '* last humble suite " of the Assembly of 1619 ; see p. 63 above. 



ROYAL ATTEMPTS TO CONTROL THE COMPANY 73 

28. Royal Attempts to Control the Company, 1620-1622 

Becords of the Virginia Company, I and II, under dates given. These 
Kecords were first published in full in 1908 by the Government Printing 
Office at Washington. For a brief outline of the history, with refer- 
ences to some other source material, cf . American History and Govern- 
ment, § 32, 

(1) A Quarter Courte held for Virginia at Mr Ferrars in St 
Sithes Lane the 17th of May 1620. 

Present — [Tlie list includes 172 names with the addenda " and many 
others." The first eight named were Lords ; the next thirty, knights.] 

Uppon request of some of the generally tie itt was ordered 
that frome hence forth before the Company proceed to the 
choyce of their Officers the Chapter or title of election [i.e., 
the company's rules regarding elections] shall allwaies be red 
before. 

Imeadiately after, and before they proceeded in any buisines, 
one mr Kerkham agent, sent from the King, presented himselfe 
to the boord and signified to the Courte that his Majestic, 
understandinge of the Eleccion of their Treasurer, which 
they intended this day to make choyce of, out of an especiall 
care and respect hee hath to that Plantacion, hath required 
him to nominate unto them ffower, outt of which his pleasure 
is the Company should make choyce of one to be their Treas- 
urer; That was, Sir Thomas Smith, Sir Thomas Roe, Mr. 
Alderman Johnson, and Mr. Maurice Abbott, and yioe other. 
* * * * ^ * ^ 

These buisines beinge thus ordered mr Treasurer accord- 
inge to the standing Lawes of the Company before the give- 
inge upp of his place proceeded to declare unto this Courte 
the State of the Colony together with the Supplies of this 
yeare, and the present State of the Treasury, how both hee 
found itt and now should leave itt. [See No. 26 above.] 

Lastly hee concluded with his respective thanks, first to the 
Company in generall for their love in chosinge him, and then 



74 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

particularly to the Lords for their so frequent presence to 
the graceinge of the Courte and great assistance in the buisi- 
nes; to the Officers for their faythfuU joyninge with him 
in the supportinge of his burthen ; and againe to the Courte 
in generall for their patience in bearringe with his unwillinge 
errors and other natural 1 inhrmities. So deliveringe upp 
his Office togeather with the Sealls, hee desyred the Courte 
to proceed in Eleccion of their Treasuror, accordinge to the 
message lately receaved from his Majesty : and theruppon 
withdrew himselfe out of the Courte. 

Uppon which this great and generall Courte found them- 
selves uppon a deliberate consideracion of the matter att an 
exceedinge pinch: for if they should ]iot doe as the Kinge 
had commaunded they might incurre suspicion of defect in 
poynte of duety, — from which they protested they were and 
would be free; on the other side, if they should proceed ac- 
cordinge to the lymitts of that message they suffered a greate 
breach into their Prevyledge of free Eleccion graunted to 
them by his Majesty s letters Pattents, which they held fitt 
rather to lay downe with all dutie and submission att his 
Majesties ffeet then to be depryved of their pryveledge. And 
theruppon perusing the said letters Pattents, after longe 
arguinge and debatinge, itt was concluded by generall erec- 
cion of hands, that the eleccion might and should be ad- 
journed to the next Quarter Courte notwithstanding any order 
made by the Company to the contrarie. 

Wheruppon forasmuch as itt manyfestly appeared that his 
Majestic hadd beene much misinformed of the menaginge 
of their buisines this last yeare, Itt was agreed accordinge 
to the opynion aforesaide that the day of Eleccon should be 
putt of till the next generall Courte some six weeks hence 
in Midsomer Tearme, and till they understood the Kings 
farther pleasure, And in the intrym they humbly entreated 
the Right Honorable the Lord of Southampton, Vyscount 
Doncaster, The Lord Cavendish, the Lord Sheffield, Sir John 
Davers, Sir Nicholas Tufton, Sir Lawrence Hide, mr Chris- 



ROYAL ATTEMPTS TO CONTROL THE COMPANY 75 

toi3]ier Brook, mr Gibbes, mr Herbert, mr Keightley, and mr 
Cranmer to meet uppon ffryday morninge att Southampton 
house to determine of an humble answere unto his Majesties 
message and to deliver to him a true informaccon as well of 
the former as of this latter years government of the buisines 
for Virginia, beseechinge all so that his Majestie would be 
pleased not to take from them the Pryveledge of their letters 
Pattents, butt that itt might be in their owne choyce to have 
free eleccion. 

Uppon which, till his Majesties pleasure were knowne. Sir 
Edwin Sandys, after much and ernest refusall, att length 
uppon ernest request of the whole Courte hee yeilded to sett 
down in his former place, yett forbearinge to receave the 
Scales againe or to putt any thinge to Question ; and all other 
Officers were likewise continued till the same time. 

(2) A Great and Generall Quarter Courte helde in the afternoone 
at Mr. Ferrars House. 28th July 1620. 

The Earle of Southampton acquainted this Courte that him- 
selfe with the rest of the Lords and gentlemen requested ther- 
unto by the last Quarter Courte had presented their humble 
desires unto his Majestie for the free eleccon of their Treasurer, 
wherunto his Majestie had most gratiously condiscented, sig- 
nyfyinge unto them that it would be pleasinge to him they 
made choyce of such a one as might att all times and occasions 
have freeaccesse unto his royall personn. And further declar- 
inge that itt was the mistakinge of the messenger, haveinge not 
receaved his message imeadiately from his owne royall mouth, 
to exclud them from the libertie of choosinge any butt the 
fower nominated, whom his Majesties intent was indeed to rec- 
ommend butt not so as to barr the Company from the choyse 
of any other. 

Wheruppon the wholl Courte rendred to his Majestie all 
humble thanks and ordered that by writinge itt should be sig- 
nified unto his Majestie: 



76 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

Then mr Herbert delivered unto the Company that wheras 
by some distractions and discentions in the Company the buisi- 
nes much suffered in the reputaccon and otherwise, tliey should 
now think uppon some Person of such worth and authoritie as 
might give full remedie therunto, which since itt could not be 
performed by the late Treasurer a man of that greate habilitie 
and sufficiencie together with his Industrie and integritie as of 
his ranke ther could not be found any to passe him, there was 
now lefte noe hope except itt might please some of those Hon- 
orable personages [Lords] then present to vouchsafe to accept 
of the place, who by adiccon of Nobilitie might effect that 
which others by meere habillytie could not doe. 

Which moccon beinge exceedinglie approved, the whole 
Courte imeadiately with much joy and applause nominated the 
Earle of Southampton, with much ernestnes beseechinge his 
Lordship that for the redeeminge of this Noble Plantaccon and 
Company from the mines that seemed to hange over itt hee 
would vouchsaffe to accept of the place of Treasurer. 

Which itt pleased him after some finale pause in fine to doe 
in very noble manner out of the worthie love and affeccon that 
hee bare to the Plantaccon. And the Courte in testimonial! of 
their bounden thankfullnes and of the great honoure and re- 
spect they ought him, did resolve to surcease the hallatinge box; 
and without nominaccon of any other, by ereccon of hands, his 
Lordship was chosen Treasurer and tooke his Oath. Which 
done, his Lordship desyred the Company that they would all 
putt on the same myndes with which hee hadd accepted that 
place. 

(3) At a great and general! Quarter Courte held for Virginia in 
the Afternoone the 22 of May 1622. 

Imediately after these things were thus ordered, as the Court 
were proceedinge after their accustomed manner to the eleccon 
of their Treasurer Deputy and other Officers for this present 
yeare accordinge to the direccon of his Majesties Letters 
Patents, mr Alderman Hamersly rose upp and havinge first ex- 



ROYAL ATTEMPTS TO CONTROL THE COMPANY 77 

cused his seldome comminge to Courts by reason of the Officers 
negligent warninge of him, he said That himselfe and mr Bell 
were both commaunded by mr Secretary Calvert to deliver a 
Message in his Majesties name unto this Court, namely to sig- 
nifie, that although it was not his Majesties desire to infringe 
their liberty of free elleccon yet it would be pleasing unto him, 
if they made choise for Treasuror and Deputy any of those 
gentlemen (commended for their Sufficiency), whose names 
were mencioned in the paper nowe presented in open Court 
which were these that followe vizt. [The names of five gentle- 
men nominated by the King for Treasurer, and five more for 
Deputy.] . . . 

Mr Bell, beinge also entreated to deliver the Message he had 
receaved from mr Secretary Calvert, said that he was not pres- 
ent when mr Secretary Calvert imparted this Message to mr 
Alderman Hamersley, but that there came a Messenger to him 
over night to require him to attend mr Secretary Calvert at 
his Chamber; and beinge there, mr Secretary told him that his 
Majestic commaunded him to signifie his pleasure that out of 
his good wishes (for the good of the Company and the Planta- 
tion) he had recommended to this Court certaine Gentlemen 
(named in the paper nowe presented) if the Company so 
thought good : But it was not his meaning to infringe the lib- 
erty of their free choise ; And beinge desirous to have had his 
Message in writinge, mr Secretary said it needed not for it was 
but short. 

Both which Messages agreeing in substance, and beinge a 
full remonstrance of his Majesties well wishing unto the Planta- 
tion and of his graceous meaninge not to infringe the priviledge of 
the Companie and liberty of their free eleccon, was receaved with 
great love and contentment of the whole Court ; and therupon 
proceedinge to the eleccon of their Treasuror (for which onely 
three by the orders of the Company could stand). It was gen- 
erally agreed that out of the five formerly proposed by his 
Majestic for Treasuror, choise should be made of two of them 
to stand in eleccon with one that the Companie should name : 



78 SELF-GOVERNMENT IN VIRGINIA, 1619-1624 

Wlierupon the former live beinge severally put to the question, 
it appeared by ereccon of most hands that mr Clethero and mr 
Hanford were to stand for it : Then the Companie named the 
Lord of Southampton ; who beinge all three accordingly ballated, 
the place fell to the Lord of Southampton by havinge 117 balls, 
mr Clethero 13 and mr Hanford 7. In like manner out of the 
five formerly named by his Majestic for Deputy, by ereccion of 
most hands, mr Leat and mr Bateman were to stand for it ; unto 
whome the Companie havinge added mr Nicholas ffarrer, they 
were all three put to the Ballatinge Boxe, and thereupon choise 
was made of mr Nicholas ffarar by havinge 103, mr Bateman 
10 : and mr Leate 5. 



Itt beinge moved that there might be some presentaccon of 
the Companies humble thankfullnes unto his Majestic in re- 
spect of the graceous Message formerly delivered, after some 
deliberaccon had thereuppon, the Court conceaved it fitt to be 
sett downe in these words (vizt) That the Lord Cavendish the 
Lord Padgett, the Lord Haughton are humbly requested by 
the Court to present their most humble thanks to his Majestic 
for his graceous remembrance and good wishes to their affaires 
out of which he was graceously pleased to recommend certaine 
persons for Treasurer and Deputy if they so thought fitt, but 
without any infringement of their liberty of free eleccon ; and 
they were further humbly requested to signify and testifie unto 
his Majestic the great respect and reverence wherewith his 
message was receaved and howe in conformity thereunto, al- 
though they had formerly accordinge to their custome in their 
Praeparative Court nominated the Earle of Southampton for 
Treasuror, yet out of the persons recommended by his Majestic 
they choose fower who had most voices and put them in elec- 
con with two nominated by the Company, — upon whom the 
places were conferred by an unanimous consent of the Com- 
pany, havinge founde the Plantation to prosper every of these 
three last yeares more then in ten before, and [more] found to 



ROYAL ATTEMPTS TO CONTROL THE COMPANY 79 

have bin donii with Ten thousand pounds, then formerly with 
fower score thousand. . . . 

[The language of the Eecords, of course, is decorous and courtly ; but 
the student ought to be able to see a certain grim humor along with the 
steadfast determination not to permit royal usurpation. The Ferrars' 
Papers report that, when this last communication was delivered to the 
King, he "flung away in a furious passion," — not unnaturally. Some 
of the other episodes in this connection told in those papers are given in 
American History and Government.'} 



V. A ROYAL PROVINCE 

(Eepresentative Government in Danger) 

29. The Royal Commission of 1624 for the First Royal Governor 

in Virginia 

Hazard's State Papers (1792), I, 189 ff. The first part of the extract 
here given presents King James' view of recent troubles witli tlie Virginia 
Company. 

. . . And whereas Wee, out of our zeal and affection to the 
furthering of the said Plantations, having still a watchfull 
and carefull eye to the same, and finding the courses taken for 
the setling thereof, had not taken the good effect which Wee 
intended and so much desired, did, by our Commission lately 
graunted to certaine Persons of Qualitie and Trust, cause the 
state of the said country of Virginia be to examined how it 
stood, as well in point of livelihood as government ; ... to 
the end, yf good cause were, Wee might by our royall hand, 
supply what should be defective. And whereas our Commis- 
sioners, after much care and paines expended in execution of 
our said Commissions, did certifie us, that our Subjects and 
People sent to inhabite there, and to plant themselves in that 
country, were most of them by God's visitations, sickness of 
bodie, famine, and by massacres of them by the native savages 
of the land, dead and deceased, and those that were living of 
them lived in necessitie and want, and in danger by the Sav- 
ages : but the Country, for any thing appeared to the said Com- 
missioners to the contrary, they conceaved to be fruitfull and 
healthfull after our People had been some time there ; and 
that if industr}^ were used it would produce divers good and 
staple Commodities, though in the sixteene years government 
past, it had yealded fewe or none ; . • . and that yf our first 

80 



THE ROYAL COMMISSION OF 1624 81 

graant herein mentioned, and our most prudent and princely 
instructions given in the beginning of the Plantation, for the 
direction of the affaires thereof . . . had bin pursued, much 
better effect had bin produced than had bin by the alteration 
thereof, into soe popular [democratic] a course . . . : Whereupon 
Wee entring into mature and deliberate consideration of the 
premisses, did, by the advise of the Lords of our Privie Coun- 
sell, resolve, by altering the Charters of the said Company, as 
to the point of government wherein the same might be found 
defective, to settle such a course as might best secure the 
safetie of the People there, and cause the said Plantation to 
flourish, and yet with the preservation of the interest of every 
Planter or Adventurer, soe far forth as their present interests 
shall not prejudice the publique Plantations ; But because the 
said Treasurer and Company did not submitt their Charters to 
be reformed, our proceedings therein were stayed for a tyme, 
untill, uppon a Quo Warranto ... by due course of Lawe, the 
said charters were avoyded ; [And whereas the King intends 
to prepare another charter, and in the interval, by a commis- 
sion of July 15, 1629, has established a supervising council 
in England for the Colony (composed of members of the Privy 
Council), now, according to advice from this council] . . . un- 
till some other constant . . . course be resolved upon . . . 
Knowe yee . . . that Wee reposing assured trust and confi- 
dence in the understanding, care, fidelitie, experience, and 
circumspection of you, . . . Sir Francis AVyatt, Francis West, 
Sir George Yardeley, George Sandys, Roger Smith, Ralph 
Ham or, John Martin, John Harvy, Samuell Mathews, Abra- 
ham Perrey, Isaacke Madison, and William Clayboi-ne, have 
'nominated and assigned, and do hereby nomynate and assigne 
you the said Sir Francis Wyatt, to bee the present Governor, 
and you the said Francis West, Sir George Yardeley, and the 
rest before mentioned, to be our present Councell of and for 
the said Colonye and Plantation in Virginia: Giving and 
granting unto you, and the greater nomber of you, by theis 
presents respectively, full power and authoritie to performe 



82 A ROYAL PROVINCE 

and execute the places, powers, and authorities incident to a 
Governor and Councell in Virginia, respectively, and to direct 
and governe, correct and punish our Subjects nowe inhabiting 
or being, or which hereafter shall inhabite or be in Virginia, 
or in any the Isles, portes, havens, creaks, or territories thereof, 
either in tyme of peace or warre, and to order and direct the 
affaires touching or concerning that Colonic or Plantation in 
those f orraigne partes onely ; ^ and [^o] doe, execute andperforme 
all and every other matters and things concerning that Plantation, 
as fullye and amplye as any Governor and Councell resident 
there, at any tynie ivithin the space of jive yeares now last ^jas^ 
. . . jSTevertheless, our will and pleasure is, that yee proceed 
therein according to such instructions as yee, or such of you 
as have bene heretofore of our Councell there, have received, 
or according to such instructions as you shall hereafter receave 
from Us, or our Commissioners here. , . . And lastly, our will 
and pleasure is, that this our commission shall continue in 
force untill such tyme as Wee by some other writing under 
our Signett, privie Seale, or greate Scale, shall signify our 
pleasure to the contrary. . . . 

30. Yeardley's Commission from Charles I, March 4/14, 1624/5 

Hazard's State Papers (1792), I, 230-234. This commission, so far 
as concerns the powers of the governor, followed the commission given 
in No. 29 above. Cf. American History and Government, § 34. 

[The King, Charles I,] reposing assured Truste and Confi- 
dence in the Understanding, Care, Fidelitie, Experience, and 
Circumspection of you the said Sir George Yardeley, Francis 
West, John Hervey, George Sandys, John Pott, Roger Smith, 
Ralph Hanior, Samuell Matthews, Abraham Percey, William 
Clayhorne, William Tucker, Jabes WliitaGres, Edward Blaney, 
and TFi7h'a>>i 7^a/'7-ar, have nominated and assigned . . . you the 
said Sir George Yardeley, to be the present Governour, and you 

1 The English Council, previously named, remained in supreme charge in 
England. 



THE COLONY FAVORS THE POLICY OF COMPANY 83 

the said John Harvey, and the rest before mentioned to be the 
present Councell of and for the said Collony and Plantation m 
Virginia, giveing . . . nnto you full Power and authority to 
performe and execute the Places, Powers, and Authorities 
incident to a Governour and Councell of Virginia respectively ; 
and to direct andgoverne, correct and punish our Subjects . . . 
in Virginia, eyther in tyme of Peace or Warr ; and to order 
and direct the Affaires touching or concerneing that Collony or 
Plantation in those forreigne parts only ; and to execute and 
performe all and every other Matters and Things concerneing 
that Plantation, as fully and amply as any Governour and Coun- 
cell resident there, at anie time within the Space of Five Years 
■ now last past, had or might performe or execute : . . . 

\^Observe that there is no reference to the Assembly in this document or 
in the preceding one.] 

31. The Colony favors the Policy of the Company 

a. The Assembly enacts a precautionary " Bill of Rights," 
March, 1624 

Hening's Statutes at Large, being a Collection of the Laws of Virginia 
(1823). Cf. American History and Government, § 34. 

It had become apparent that the King was about to destroy the Com- 
pany and take over the colony. This Assembly enacted some thirty brief 
statues. Three are of interest in this connection. 

8. — That the Governor shall not lay any taxes or ympositions 
upon the colony their lands or comodities other ivay than by the 
authority of the General Assembly, to he levyed and ymployed 
as the said Assembly shall ap)poynt} 

9. — The governor shall not withdraw the inhabitants from 
their private labors to any service of his own upon any colour 
whatsoever; and in case the publick service require yimploy- 
ments of many hands before the holding a General Assemblie 
to give order for the same, in that case the levying of men shall 
be done by order of the governor and whole body of the coun- 

1 This law was reenacted in the same words in 1632 and 1642. 



84 A ROYAL PROVINCE 

sell, and that in such sorte as to be least burthensome to the 
people and most free from partiality. 

11. — That no burgesses of the General Assembly shall be 
arrested during the time of the assembly, a week before and a 
week after, upon pain of the creditors forfeiture of his debt 
and such punishment upon the officer as the court shall award.^ 

b. Requests for Aid {and, indirectly, for an Assembly) 

(1) Letter from Governor and Gouyicil to the Special Commission 
mentioned in No. 29 above. 

Aspinwall Papers, in Massachusetts Historical Society Collections, 
4th series, IX, 74-81. About a third of the letter is given here. 

Right Honorable, — .... 

Nothing hath bine longe more earnestly desired then the 
setling of the affaires of the Collony, as well for the govern- 
ment as other wayes, neither could ther have bine a greater 
incouragement to the Planter then to understand it to bee his 
Majesties gratious pleasure that no person of whom they have 
heretofore justlie complayned should have any hand in the 
government, either here or their [in Virginia or in England]. 
And wee humbly desire your Lordshipps to solicitt his Maj- 
estic (if it bee not alreadie done) for the speedie accomplish- 
ment thereof, the rather because the Governors necessary 
occasions require his present retourne [to England]. 

His Majesties gratious assurance that every man shall have 
his perticuler right preserved and inlarged, with Addicion of 
reasonable imunities, wilbe a singular meanes of inviting many 
people hither, and setling themselves here . . . 

Those greate important w^orkes of suppressing the Indians, 
discoveries by sea and land, and Fortificacion against a forren 
enemy, that they may be thoroughly and effectually performed, 
will require no less numbers then Five hundred soldiers, to 
bee yearely sent over, for Certaine yeares, with a full yeares 

1 This immunity is copied from that of members of the English Parliament 
for some centuries preceding. 



THE COLONY DESIRES AN ASSEMBLY 85 

provision of Victual!, aparrell, amies, Mimition, tooles, and 
all necessaries, to which Worthie designes the Collony wilbe 
alwayes readie to yeald ther best furtherance and assistance, 
as they have bine very forward since the Massacre, notwith- 
standing ther great losse then sustayned. And wee Conceive 
soe great expence, will have the better successe, if the ordering 
therof be refered to the Governor and Counsell here residing, 
with the advise (in speciall Cases) of the Generall Assembly. Both 
Concerning this, and alother things which may Conduce to the 
setling of the Plantacion, wee have formerly given your Lord- 
shipps Advertisement, in the generall Assemblies answere to 
the ffowre propositions propounded by your Lordshipps to the 
Corflmissioners sent hither, and wee doubt not but Sir George 
Yardly hath given your Lordshipps full information of all 
things necessary. . . . 

Your Lordshipps very humble Servants, 

Francis Wyatt. 

Francis West. 

Raphe Hamor. 

Roger Smith. 

Abraham Perse y. 

William Claybourne. 
James Cittie the 6th. of Aprill, 162(5. 

(2) The Same to the Same, May 17, 1626. 

Virginia Magazine of History, II, 50-55. An abstract is prhited 
in the Colonial State Papers. 

But the groundwork of all is, liiat their bee a sufficient 
publique stock to goe through with soe greate a worke, which 
wee cannot compute to bee lesse then £20,000 a yeare, certaine 
for some yeares ; for by itt must be mainetained the governer 
and counsell and other officers here, the forrest wonne and 
stockt with cattle, fortifications raj'sed, a running armj^e 
mainetayned, discoveries made by Sea and land, and all other 
things requisitt in soe mainefould a business. And because 



86 A ROYAL PROVINCE 

[of the difficulty of administering such sums wisely from 
England], wee humbly desire that a good proporcion thereof 
may bee whollie att the disposall of the governer, Counsell, 
a7id geiierall Assembly in Virginia. . . . 

32. Royal Restoration of the Virginia Assembly, 1629 

a. Harvey's Propositions Touching Virginia {without 
date; 1629) 

Virginia Magazine of History, VII, 369. 

For explanation, see American History and Government, § 34. Sir 
John Harvey had been appohited governor a few months before, with a 
commission which made no mention of an Assembly. The extract is 
No. 2 of the seven " propositions " submitted by him to King Charles. 

2. That his Ma[jes]tie wilbe pleased gratiously to extend his 
favour to the planters, for a new confirmation of their lands 
and goods by charter under the great seale of England, and 
therein to authorize the Lords to consider what is fitt to be 
done for the ratifying of the privileges formerly granted, ayid 
holding of a general assembly, to be called by the G-overnor 
upon necessary occasions, therein to propound laws and orders 
for the good government of the people ; and for that it is most 
reasonable that his ma[jes]ties subjects should be governed only 
by such laws as shall have their originall from his ma[jes]ties 
royall approbation, it be therefore so ordered that those laws, 
so there made, only stand as propositions, until his ma[jes]tie 
shalbe pleased, under his great seal or privy seal, or by the 
Lords of his noble privy council, to ratify the same. 

b. Certaine Answeres (by Charles I) to Capt. Harveye's 
Proposicons Touching Virginia 
Virginia Magazine of History, VII, 370. 

2. The sett[l]ing of Lands and goods and privileges is to be 
done here, and may be done by calling in the former books and 
charters at a convenient time. But the governor may be 
authorized shoribj after his first coming into Virginia to call a 



THE ASSEMBLY RESTORED 87 

grand assembly and there to spt down an establishment of the 
Government, and ordaine laws and orders for the good thereof, 
and those to send hither to receive allowance [i.e., to be rati- 
fied] ; and such as shall be soe allowed to be returned thither 
under the great seal and put in execution, the same to be 
temporary and changeable at his ma[jes]ties pleasure, signified 
under the like great seal. 

[This is the formal restoration of the Virginia Assembly. The meet- 
ing in 1628 had been with special sanction for that particular occasion.] 

c. Assembly Authorized in a Governor's Instructions, 

1641 

Virginia 3Iagazine of History, II, 281 ff. 

These instructions in the matter of tlie Assembly are said to have been 
given in the same form to Wyatt in 1639, — the governor who came be- 
tween Harvey and Berkeley. For the significance of these papers, see 
Americaii History and Government, §§ 34-35. 

Instructions to Sir Wm. Berkeley, Knt., Governor of Virginia 

4. That you and the Councillors as formerly once a year 
or oftener if urgent occasion shall require, Do summon the 
Burgesses of all and singler Plantations there, which together 
with the Governor and Councill makes the Grand Assembly, 
and shall have Power to make Acts and Laws for the Govern- 
ment of that Plantation, correspondent, as near as may be, 
to the Laws of England, in which assembly the Governor 
is to have a negative voice, as formerly. 

* ^ * *^ * * * 

33. Legislation by the Virginia Assembly as to Morals and 

Taxes 

Hening's Statutes at Large (1823). 

(1) [March, 1623/4.^ 

19. — The proclamations for swearing and drunkenness sett 
out by the governor and counsell are confirmed by this As- 



88 A ROYAL PROVINCE 

sembly ; — and it is further ordered that the church-wardens 
shall be sworne to present them to the commanders of every 
plantation and that the forfeitures shall be collected by them 
to be for publique uses. 

33. — That for defraying of such publique debts our troubles 
have brought upon us. There shall be levied 10 pounds of 
tobacco upon every male head above sixteen years of adge 
now living (not including such as arrived since the beginning 
of July last). 

(2) [October, 1629.'] 

Act VI. — It is further concluded and ordered that every 
master of a family, and every freeman that is to pay live 
pounds of tobacco per pol as aforesaid for the defraying of 
publique charges, shall bring the same unto the Houses of 
the Burgesses of the plantations within two dayes after 
notice thereof given unto them. And if any shall faile to 
bring in the same, it is thought htt that by virtue of this 
order the said Burgesses shall have power to levy the same 
by distresse, upon the goods of the delinquents, and to make 
sale of the said goods, and to detaine such tobacco which 
shall be due by this order, and for their ffees in making this 
distresse, restoring to the owner of the said goods the residue 
and remainder. And if the Burgesses shall make neglecte 
herein they shall be fined by the governour and Council. 

(3) [February, 1631/2.] 

Act XL — Mynisters shall not give themselves to excesse 
in drinkinge, or riott, spendinge theire tyme idellye by day 
or night, playinge at dice, cards, or any other unlawfuU 
game ; but at all tymes convenient they shall heare or reade 
somewhat of the holy scriptures, or shall occupie themselves 
with some other honest study or exercise, alwayes doinge the 
thinges which shall apperteyne to honesty, and endeavour 
to profitt the church of God, alwayes haveinge in mynd that 
they ought to excell all others in puritie of life, and should 
be examples to the people to live well and christiaulie. 



LEGISLATION BY THE VIRGINIA ASSEMBLY 89 

(4) [March, IGJ^S.'] 

Act XXXV. — Be it also enacted and confirmed, for the 
better observation of the Sabbath, that no person or persons 
shall take a voyage ^ upon the same, except it be to church, 
or for other cause of extreme necessitie, upon the penalty of 
the forfeiture for such offense of twenty pounds of tobacco, 
being justly convicted for the same. 

(5) \_Octoher, 16 U-^ 

Act VIII. — Noe debts made for wines or strong waters 
shall be pleadable or recoverable in any court of justice.^ 

1 Travel was mainly by water. To "take a voyage" was equivalent to 
" make a journey." 

2 This finds its modern parallel in our custom that prevents the collection 
of gambling debts by legal process. 



yi. THE ASSEMBLY DURING THE COMMON- 
AVEALTH 

34. Virginia and the Parliamentary Commissioners, 1652 

Hening's Statutes, I, 303 ff. 

Cf . American History and Government, § 337, for the supremacy of the 
Assembly during the Commonwealth. 

Articles agreed on and concluded at James Cittie in Virginia 
for the surrendering and settling of that iilantation under the 
obedience and goveimmeyit of the Common Wealth of Eyigland, by 
the commissioners of the Councill of State, by authoritie of the 
Parliament of England, and by the Grand Assembly of the Gov- 
ernour, Councill, and Burgesses of that countrey. 

First. It is agreed and consented that the plantation of 
Virginia, and all the inhabitants thereof, shall be and remaine 
in due obedience and subjection to the common wealth of Eng- 
land, according to the lawes there established. And that this 
submission and subscription bee acknowledged a voluntary act, 
not forced nor constrained by a conquest upon the countrey. 
And that they shall have and enjoy such freedomes and privi- 
ledges as belong to the free borne people of England, and that 
the former government by the commissioners and instructions 
be void and null. 

Sdly. — Secondly, that the Grand Assembly, as formerly, 
shall convene and transact the affairs of Virginia, wherein noth- 
ing is to be acted or done contrarie to the government of the 
common wealth of England and the lawes there established. 

Sdly. — That there shall be a full and totall remission and 
indempnitie of all acts, words, or writings done or spoken 
against the parliament of England in relation to the same, 

90 



THE PARLIAMENTARY COMMISSIONERS, 1652 91 

4thlij. — That Virginia shall have and enjoy the antient 
bounds and lymitts granted by the charters of the former Kings. 
And that we shall seek a new charter from the parliament 
to that purpose against any that have intrencht upon the rights 
thereof.^ 

5tlily. — That all the pattents of land granted under the col- 
lony scale, by any of the precedent Governours, shall be and 
remaine in their full force and strength. 

7t1ily. — That the people of Virginia have free trade, as the 
people of England do enjoy, to all places and with all nations 
according to the lawes of that common-wealth, and that Vir- 
ginia shall enjoy all priviledges equall with any English planta- 
tions in America. 

8thhj. — That Virginia shall be free from all taxes, customes, 
and impositions whatsoever, and none to be imposed on them 
without the consent of the Grand Assembly, and soe that 
neither Ifortes nor castles bee erected or garrisons maintained 
without their consent. 

lOtlily. — That for the future settlement of the countrey in 
their due obedience, the engagement shall be tendred to all the 
inhabitants according to act of parliament made to that pur- 
pose ; that all persons who shall refuse to subscribe the said 
engagement, shall have a yeares time if they please to remove 
themselves and their estates out of Virginia, and in the mean- 
time during the said yeare to have equall justice as formerly. 

llthly. — That the use of the booke of common prayer shall 
be permitted for one yeare ensueinge with reference to the con- 
sent of the major part of the parishes, Provided that things 
which relate to kingshipp or that government be not used pub- 
liquely ; and the continuance of ministers in their places, they 
not misdemeaning themselves : And the payment of their ac- 
customed dues and agreements made with them respectively 
shall be left as they now stand dureing this ensueing yeare. 

1 This article was not ratified by Parliament. 



92 THE ASSEMBLY DURING THE COMMONWEALTH 

16thly. — That the comissioners for the parliament subscrib- 
ing these articles engage themselves and the honour of the par- 
liament for the full performance thereof : And that the present 
Governour and the Councill and the Burgesses do likewise sub- 
scribe and engage the whole collony on their parts. 

35. The Franchise Restricted and Restored, 1655, 1656 

Hening's Statutes at Large, Cf. American History and (Jovermnent, 
§ 103 and note. 

(1) [March, 1654/5.^ 

Act VII. — Be it enacted by this present Grand Assembly 
. . . That the persons who shall be elected to serve in Assem- 
bly shall be such and no other then such as are persons of 
knowne integrity and of good conversation and of the age 
of one and twenty yeares — That all housekeepers whether 
ffreeholders, lease holders, or otherwise tenants, shall onely 
be capeable to elect Burgesses, and none hereby made unca- 
pable shall give his subscription to elect a Burgesse upon the 
penualty of four hundred pounds of tobacco and cask, to be 
disposed of by the court of each county where such contempt 
shall be used : Provided that this word housekeepers repeated 
in this act extend no further than to one person in a ffamily. 

(2) [March, 1655/6.^ 

Act XVI. — Whereas we conceive it something hard and 
unagreeable to reason that any persons shall pay equal! taxes 
and yet have no votes in elections, Therefore it is enacted 
by this present Grand Assembly, That soe much of the act for 
chooseing Burgesses be repealed as excludes freemen from 
votes, Provided allwaies that they fairly give their votes by 
subscription and not in a tumultuous way,^ . . . 

iThis was reenacted in 1658. Hening, I, 475. But cf. Nos. 105-109 for 
later developments. 



VII. MARYLAND 

36. Lord Baltimore to King Charles, August 19/29, 1629 

Scharf's Maryland, I, 44, 45. The letter was written from Avalon (No. 
38), in Nova Scotia. Only the second half is given here; the first half 
defends the writer against certain "slanders" by Protestant enemies. 

Most Gracious and Dread Sovereign : — 

... So have I met with greater difificultys . . . here, w^hich. 
in this place are no longer to be resisted, but enforce me 
presently to quitt my residence and to shift to some other 
warmer climate of this new w^orld, where the \vynter be 
shorter and less rigorous. For here Your Majesty may please 
to understand that I have found by too deare bought experience, 
[what] other men for their private interests always concealed 
from me, that from the rniddlest of October to the middlest of 
May there is a sadd fare of wynter upon all this land ; both 
sea and land so frozen, for the greater part of the tyme, as they 
are not penetrable, no plant or vegetable thing appearing out 
of the earth ; . . . nor fish in the sea, besides the ayre so in- 
tolerable cold as it is hardly to be endured. By means whereof, 
and of much salt meate, my house hath been an hospital all 
this wynter ; of 100 persons, 50 sick at a time, myself being 
one ; and nyne or ten of them dyed. Hereupon I have had 
strong temptations to leave all proceedings in plantations, and, 
being much decayed in my strength, to retire myselfe to my 
former quiett. But my inclination carrying me naturally to 
these kynd of workes, and not knowing how better [to use] 
the poore remaynder of my dayes, than ... to further . . . 
the enlarging your majesty's empire in this part of the world, 
I am determined to com mitt this place to fisherman (that are 
able to encounter storm es and hard weather) and to remove 
myselfe with some 40 persons to your majesty's dominion 
Virginia; where, if your majesty will please to grant me a 

93 



94 MARYLAND 

precinct of land with such privileges as the king your father, 
my gracious master, was pleased to grante me here, I shall 
endeavor, to the utmost of my power, to deserve it. . . . 

37. Charter of Maryland, June 20/30, 1632 

The text in Latin and English is given in Bacon's Laivs of Maryland. 
For explanation of events leading to this grant, see American History 
and Government., § 38. The document is in Latin. 

I. — CHARLES, by the grace of GOD, of England, Scotland, 
France, and Ireland, l^ing. Defender of the Faith, etc. To all 
to whom these Presents shall come. Greeting. 

[II, III, and first part of IV, recite the petition of Cecilius, 
Baron of Baltimore, the determination of the King to '^en- 
courage the pious and noble purpose," and the grant of land, 
with confused geographical description.] 

IV. — Also We do Grant . . . unto the said Baron of BAL- 
TIMORE, his heirs and assigns, . . . the Patronages, and 
Advowsons of all Churches which (with the increasing Worship 
and Religion of CHRIST) within the said Region . . . here- 
after shall happen to be built, together with Licence and Faculty 
of erecting and founding Churches, Chapels, and Places of 
Worship, in convenient and suitable Places, withiu the Premises, 
and of causing the same to be dedicated and consecrated 
according to the Ecclesiastical Laws of our Kingdom of 
England; with^ all, and singular such, and as ample Rights, 
Jurisdictions, Privileges, Prerogatives, Royalties, Liberties, 
Immunities, and royal Rights, and temporal Franchises 
whatsoever, as well by Sea as by Land, within the Region . . . 
aforesaid, to be had, exercised, used, and enjoyed, as any Bishop 
of Durham, within the Bishoprick or County Palatine of Dur- 
ham, in our Kingdom of England, ever heretofore hath had, 
held, used, or enjoyed, or of Right could or ought to have, 
hold, use, or enjoy. 

1 This word " with " should properly be " and " ; it begins a new grant — 
i\i& feudal powers of the proprietor. 



CHARTER OF MARYLAND, JUNE 20/30, 1632 95 

[V. — Tenure by Baltimore to be in free and common soc- 
cage, and not in capite, or by "Knight's Service," " yeilding 
therefore to Us . . . two Indian Arrows of these parts every 
year," and the fifth part of gold and silver ore.] 

VI. — Now, That the aforesaid Region, thus by us granted 
and described, may be eminently distinguished above all other 
Regions of that Territory, and decorated with more ample Titles, 
KNOW YE, that WE . . . have thought fit that the said 
Region and Islands be erected into a PROVINCE, as out of 
the plenitude of our royal power and prerogative, WE do . . . 
ERECT and INCORPORATE the same into a PROVINCE, and 
nominate the same MARYLAND, by which name WE will 
that it shall from henceforth be called. 

VII. — And forasmuch as WE have above made and ordained 
the aforesaid now Baron of BALTIMORE, the true Lord and 
Proprietary of the whole Province aforesaid, KNOW YE there- 
fore further, that WE ... do grant unto the said now Baron, 
(in whose Fidelity, Prudence, Justice, and provident Circum- 
spection of Mind, WE repose the greatest Confidence) and to 
his Heirs, for the good and happy Government of the said 
PROVINCE, free, full, and absolute Power, by the tenor of these 
Presents, to Ordain, Make, and Enact LAWS, of what kind 
soever, according to their sound Discretions, whether relating 
to the Public State of the said province, or the private Utility 
of Individuals, of and with the Advice, Assent, and Approbation 
of the Free-Men of the same province, or of the greater Part 
of them, or of their Delegates or Deputies, whom WE will shall 
be called togther for the framing of LAWS, when, and as 
often as Need shall require, by the aforesaid now Baron of 
BALTIMORE, and his Heirs, and in the Form which shall 
seem best to him or them, and the same to publish under the 
Seal of the aforesaid now Baron of BALTIMORE, and his 
Heirs, and duly to execute the same upon all Persons, for the 
Time being, within the aforesaid province, and the Limits 
thereof, or under his or their Government and Power, in Sailing 
towards MARYLAND, on thence Returning, Outward-bound, 



96 MARYLAND 

either to England, or elsewhere, whether to any other Part of 
Our, or of any foreign Dominions, wheresoever established, 
by the Imposition of Fines, Imprisonment, and other Punish- 
ment whatsoever; even if it be necessary, and the Quality of 
the Offence require it, by Privation of Member, or Life, by 
him the aforesaid now Baron of BALTIMORE, and his Heirs, 
or by his or their Deputy, Lieutenant, Judges, Justices, Mag- 
istrates, Officers, and Ministers, to be constituted and appointed 
according to the Tenor and true Intent of these Presents, and 
to constitute and ordain Judges, Justices, Magistrates, and 
Officers, of what Kind, for what Cause, and with what Power 
soever, within that Land, and the Sea of those Parts, and in 
such Form as to the said now Baron of BALTIMORE, or his 
Heirs, shall seem most fitting : And also to Remit, Release, 
Pardon, and Abolish, all Crimes and Offences whatsoever 
against such Law^s, whether before, or after Judgment passed ; 
and to do all and singular other Things belonging to the Com- 
pletion of Justice, and to Courts, Prastorian Judicatories, and 
Tribunals, judicial Forms and Modes of Proceeding, although 
express Mention thereof in these Presents be not made ; and, 
by Judges by them delegated, to award Process, hold Pleas, 
and determine in those Courts, Prsetorian Judicatories, and 
Tribunals, in all Actions, Suits, Causes, and Matters whatso- 
ever, as well Criminal as Personal, Real and Mixed, and Prae- 
torian : . . . So Nevertheless, that the Laws aforesaid be 
consonant to Reason and be not repugnant or contrary, but (so 
far as conveniently may be) agreeable to the Laws, Statutes, 
Customs and Rights of this Our Kingdom of England. 

VIII. — And Forasmuch as, in the Government of so great 
a PROVINCE, sudden Accidents may frequently happen, to 
which it will be necessary to apply a Remedy before the Free- 
holders of the said Province, their Delegates, or Deputies, can 
be called together for the framing of Laws ; neither will it be 
fit that so great a Number of People should immediately, on 
such emergent Occasion, be called together, WE therefore, 
for the better Government of so great a province, ... do 



CHARTER OF MARYLAND, JUNE 20/30, 1632 97 

grant . . . that the aforesaid now Baron of BALTIMORE ; 
and his Heirs, by themselves, or by their Magistrates and 
Officers, thereunto duly to be constituted as aforesaid, may, 
and can make and constitute fit and wholesom Ordinances from 
Time to Time, to be kept and observed within the province 
aforesaid, as well for the Conservation of the Peace, as for the 
better Government of the People inhabiting therein, and 
publickly to notif}^ the same to all Persons whom the same in 
any wise do or may affect . . . : so that the same Ordinances 
do not, in any Sort, extend to oblige, bind, change, or take 
away the Right or Interest of any Person or Persons, of or in 
Member, Life, Freehold, Goods or Chattels. 

IX, X — [Permission to English subjects to emigrate to 
Maryland, and X, to enjoy (with their descendants) the rights 
of Englishmen at home.] 

XL — [Certain exemptions from export duties, as in earlier 
charters.] 

XII. — [Authorization for the proprietor or his officers to 
make war, if needful, upon savages and pirates or other in- 
vaders.] 

XIII. — [Authorization for martial law, under the usual 
restrictions.] 

XIV. — [Authority for Baltimore to confer titles of nobility 
(not such as in England), to incorporate towns, etc.] 

XV-XVI. — [Regulations regarding ports and temporary 
exemptions from English custom duties.] 

XVII. — Moreover, We will, appoint, and ordain, and by 
these Presents, for US, our Heirs and Successors, do grant 
unto the aforesaid now Baron of BALTIMORE, his Heirs 
and Assigns, that the same Baron of BALTIMORE, his Heirs 
and Assigns, from Time to Time, for ever, shall have, and en- 
joy the Taxes and Subsidies payable, or arising within the 
Ports, Harbours, and other Creeks and Places aforesaid, within 
the Province aforesaid, for Wares bought and sold, and Things 
there to be laden, or unladen, to be reasonably assessed by 
them on emergent Occasion, and the People there as aforesaid ; 



98 MARYLAND 

to whom WE grant Power by these Presents, for US, our Heirs 
and Successors, to assess and impose the said Taxes and Sub- 
sidies there, upon just Cause, and in due Proportion. 

XVIII. — And furthermore . . . , WE ... do give . . . 
unto the aforesaid now Baron of BALTIMORE, his Heirs 
and Assigns, full and absolute License, Power, and Authority 
. . . [to] assign, alien, grant, demise, or enfeoff so many, such, 
and proportionate Parts and Parcels of the Premises, to any 
Person or Persons willing to purchase the same, as they shall 
think convenient, to have and to hold ... in Fee-simple, or 
Fee-tail, or for Term of Life, Lives, or Years ; to hold of the 
aforesaid now Baron of BALTIMORE, his Heirs and Assigns, 
by . . . such . . . Services, Customs and Rents OF THIS 
KIND, as to the same now Baron of BALTIMORE, his Heirs 
and Assigns, shall seem fit and agreeable, and not immediately 
of US . . . [notwithstanding the English law Quia E^nptores 
or other statutes to the contrary]. 

XIX. — We also, . . . do . . . grant Licence to the same 
Baron of BALTIMORE, and to his Heirs, to erect any Parcels 
of Land within the Province aforesaid, into Manors, and in 
every of those Manors, to have and to hold a Court-Baron, and 
all Things which to a Court-Baron do belong; and to have 
and to keep View of Frank- Pledge, for the Conservation of the 
Peace and better Government of those Parts, by themselves 
and their Stewards, or by the Lords, for the Time being to be 
deputed, of other of those Manors when they shall be consti- 
tuted, and in the same to exercise all Things to the View of 
Frank-Pledge belonging. 

XX. — And further We will, and do . . . grant . . . that 
we, our heirs and successors, at no time hereafter, will impose 
any impositions, customs, or other taxations . . . whatever, 
in or upon the residents ... of the province, for their goods, 
lands, or tenements ... or in or upon any goods or merchan- 
dizes within the province or within the ports or harbors of the 
said province [this declaration to be a sufficient quittance to 
all English officers]. 



COMMENT ON THE AVALON CHARTER OF 1623 99 

XXI. — [Maryland not to be reputed a part of Virginia but 
to be immediately dependent upon the crown.] 

XXII. — [Baltimore and his heirs to be entitled to the most 
generous interpretation of any indehnite clause in the charter] 
" provided always that no interpretation be made thereof 
whereby God's holy and true Christian religion, nor the alle- 
giance due to us . . . may in any wise suffer . . . prejudice 
or diminution." 

38. Comment on the Avalon Charter of 1623 

With the addition of two of its sections, with the necessary changes of 
names, and with three or four other slight modifications, the Maryland 
Charter of 1632 is an exact transcript of the Charter of Avalon^ given in 
1623 by James I to George Calvert (afterward, the first Lord Baltimore). 
The Avalon Charter has been printed, the editor believes, only in Scharf's 
Maryland (I, 34 ff.). 

The sections of the two documents correspond up to XVIII. Sections 
XVIII and XIX of the Maryland Charter (relating to subinfeudation and 
manorial courts) are not found in the earlier document. Sections XVIII- 
XX of the Avalon Charter correspond to XX-XXII of the Maryland 
patent. 

Other changes, aside from names, etc., are : 

1. — (Section IV.) In the granting of advowsons and other ecclesiasti- 
cal powers, there is no reference in the Avalon Charter to the " ecclesias- 
tical laws of the kingdom of England." This phrase is added in the Mary- 
land Charter, since Baltimore has now (1624) been converted to Catholi- 
cism, probably as a safeguard. 

2. — Baltimore's tenure in Avalon (§ 5) is to be " in Capite, by Knight's 
Service"" [not so, but in free socage, in Maryland], "yielding there- 
for . . . a white horse, so often as we or our successors shall come into the 
said region," together with the usual " fifth part of gold and silver ore." 

3. — The Avalon Charter does not refer directly to representative gov- 
ernment. The authorization to Baltimore to publish laws runs, — " with 
the advice, assent, and approbation of the Freeholders of the said Province, 
or the greater part of them," while the Maryland Charter says the assent 
of " the Free Men of the said Province, or the greater part of them, or 
their delegates, or deputies'"' ; but the earlier like the later charter leaves 
it to the proprietor to assemble the people " in such form as to him shall 
seem best," and this probably looked to a representative gathering. 



100 MARYLAND 

4. — (XVII.) The Avalon Charter does not mention the participation 
of the popular assembly in granting taxes. Given such an assembly, how- 
ever, and the renunciation by the English government (Section XVIII) 
of that power, then the possession of the power by the Assembly would 
inevitably follow. In the Maryland Charter it is expressed. 

The Avalon Charter then, is the first royal patent to give to settlers in 
America political rights, in addition to the private common-law privileges. 
It is followed (as to sections VII and VIII) in exact detail by the Heath 
Charter for Carolina (1629), the Baltimore Charter (1632), and the 
Plowden Charter for New Albion (1634). ^ 

Of the four grants just mentioned, that of Maryland in 1632 was the 
only one under which a successful colony was established, but the others 
help to show that that document was no prodigy. The student may like 
to notice here one of the rare slips of Dr. Channing (History of the United 
States, I, 245), when he ascribes the likeness between the charters of 1629, 
1632, and 1634 to Sir Robert Heath's influence in that of 1629, instead of 
to the earlier Avalon Charter of 1623. 

39. Excursus: Charters for New Albion and Maine 

The " governing" clauses only are given, —for comparison with cor- 
responding parts of the Maryland and Avalon grants. 

a. Grant of Charles I to Edmund Ploiuden, Earl Palatine 
of Albion, of the Province of JYew Albion in America 

Hazard's State Papers (Washington, 1792), I, 162 ff. New Albion 
was to lie north of Maryland. No settlement was effected. 

. . . And forasmuch, as We have above made and ordained the before- 
named Edmund Plowden, Knight, true lord and proprietor of all the 
province aforesaid. Therefore further know ye, that We, for Us, our 
heirs, and successours, to the same Edmund, (of whose fidelity, prudence, 
justice and providence, and circumspection of mind, we have full confidence) 
and to his heirs, for the good and happy government of the said province, 
[grant power to make, ordain, and establish] whatsoever laws, whether 
concerning the public estate of the same province, or the private utility 
of individuals, according to their wise discretions, and with the council, 
approbation, and assents of the free tenants of the same province, or the 

iJndeed, until the grant of " New York " to James, Duke of York, in 1664, 
every subsequent royal patent to an individual proprietor contains such pro- 
vision, whether or not it be an exact and formal copy of the Avalon document. 
New York was a conquered province settled by Dutch, — which may explain 
the omission there. 



CHARTERS FOR NEW ALBION AND MAINE 101 

major part of them who shall be called together by the aforesaid Edmund 
Plowden, and his heirs, to make laws when, and as often as there shall 
be occasion, in such form as to him or them shall seem best. . . . And 
because, in so large a province it may often happen, that there will be 
a necessity to provide a remedy in a number of cases, before the free 
tenants of the said province can be assembled to make laws, nor will it 
be proper to delay in a case of emergency, until so many people can be 
called together. Therefore, for the better government of the said prov- 
ince, we will, and ordain, and by these presents, for Us, our heirs, and 
successors, grant unto the before-named Edmund Plowden, and to his 
heirs, that the aforesaid Edmund Plowden, and his heirs, by themselves, 
or by magistrates and officers in that behalf, to be duly constituted as 
aforesaid, fit and wholesome ordinations from time to time, shall and 
may be able to make and constitute, to be kept and preferred within 
the province aforesaid, as well for keeping the peace as for the better 
government of the people there living or inhabiting, and to give public 
notice of them to all persons whom the same doth or may concern ; which 
said ordinations We will, shall be inviolably observed within the said 
province, under the penalties in the same expressed. So that the same 
ordinances be consonant to reason, and be not repugnant nor contrary, 
but as much agreeable as may be to the laws, statutes, and rights of our 
kingdoms of England and Ireland. And so as that the same ordinances 
do not extend themselves to the right or interest of any person or persons, 
of, or in free tenements, or the taking, distraining, binding, or charging 
any of their goods or chatties. . . . 

h. Grant of Charles I to Sir Ferclinando Gorges for the 
Province of Maine, 16 S 9 

Hazard's State Papers (1792), I, 442-455. 

The members of the Plymouth Council surrendered the charter of 1620 
back to the King in 1634, having first divided the territory among them- 
selves. The King confirmed Gorges' allotment ("The Province of 
Maine") and gave him the usual proprietary jurisdiction in a lengthy 
charter (April 3/13, 1639), from which come the following clauses. 

. . . And wee doe for us, our heirs and successors, give and graunte 
unto the saide Sir Ferdinando Gorges, his heirs and assignes, power and 
authoritie, with the assent of the greater parte of the freeholders of the said 
Province and premisses for the time being, when there shalbe any to be 
called therunto from time to time, when and as often as shall be requisite, 
to make and ordeyne and publish lawes, ordinances and constitucons, 
reasonable, and not repugnant and contrary, but agreable as nere as 



102 MARYLAND 

conveniently may bee, to the lawes of England, for the publique good of 
the said Province and premisses, and of the inhabitants thereof, by im- 
posing of penalties, imprisonment or other corections, or, if the offence 
shall requier, by taking away of life or member ; the said lawes and con- 
stitucons to extend aswell to such as shalbe passing unto or returning 
from the said Province or premisses as unto the inhabitants or residents 
of or within the same, and the same to be put into execucon by the said 
Sir Ferdinando Georges, his heirs or assignes, or by his or there depputies, 
lif tenants, judges, oflScers or ministers in that behalf e, lawfully authorized; 
and the same lawes ordinances and constitucons, or any of them, to alter, 
change, and revoke, or to make voide and to make new, not repugnant 
nor contrary, but agreable as nere as may bee, to the lawes of England, 
as the said Sir Ferdinando Georges his heires and assignes, together 
with the said freeholders, or the greater part of them for the time being, 
shall from time to time thinke fitt and convenient : . . . 



40. The Maryland Toleration Act of 1649 

Maryland Archives^ I, 244 ff. 

For explanation, cf. American History and Government, § 43. 

. . . Forasmuch as in a well governed and Christian Common 
Wealth, matters concerning Religion and the honor of God 
ought in the first place to bee taken into serious consedera- 
cion ... Be it therefore ordered and enacted by the Right 
Honorable Cecilius Lord Baron of Baltemore, absolute Lord and 
Proprietary of this Province, with the advise and consent 
of this Generall Assembly : That whatsoever person or persons 
within this Province and the Islands thereunto belonging 
shall from henceforth blaspheme God, — that is, Curse him, — 
or deny our Saviour Jesus Christ to bee the sonne of God, or 
shall deny the holy Trinity, the ffather sonne and holy Ghost, 
or the Godhead of any of the said Three persons of the Trinity, 
or the Unity of the Godhead, or shall use . . . any reproachfull 
Speeches, . . . concerning the said Holy Trinity, or any of 
the three persons thereof, shall he punished with death and con- 
Jiscatio7i of all his or her lands and goods . . . And be it also 
Enacted . . . That whatsoever person or persons shall from 
henceforth use . . . any reproaching words or speeches concern- 



THE MARYLAND TOLERATION ACT OF 1649 103 

ing the blessed Virgin Mary, the Mother of our Saviour, or the 
Holy Apostles or Evangelists . . . shall in such case for the 
first offence forfeit . . . the surame of ffive pound sterling . . . 
but in case such Offender or Offenders shall not then have 
goods and chattells sufficient for the satisfy eing of such for- 
feiture, or that the sauie bee not otherwise speedily satisfyed, 
that then such Offender or Offenders shalbe publiquely whipt 
and bee ymprisoned during the pleasure of the Lord Proprie- 
tary or . . . chiefe Governor of this Province for the time 
being. And that every such Offender or Offenders for every 
second offence shall forfeit tenne pound sterling or the value 
thereof to bee levyed as aforesaid, or in case such offender or 
Offenders shall not then have goods and chattells within this 
Province sufficient for that purpose then to bee publiquely and 
severely whipt and imprisoned as before is expressed. And that 
every person or persons before mentioned offending herein the 
third time, shall for such third Offence forfeit all his lands 
and Goods and bee for ever banished and expelled out of this 
Province. And be it also further Enacted . . . that whatso- 
ever person or persons shall from henceforth nppon any oc- 
casion of Offence or otherwise in a reproachful manner or Way 
declare call or denominate any person or persons whatsoever 
... an heritick, Scismatick, Idolator, puritan, Independant, 
Prespiterian, popish prest, Jesuite, Jesuited papist, Lutheran, 
Calvenist, Anabaptist, Brownist, Antinomian, Barrowist, Round- 
head, Seperatist, or any other name or terme in a reproachfull 
manner relating to matter of Religion shall for every such 
Offence forfeit and loose the some or [of] tenne shillings ster- 
ling or the value thereof, to bee levyed on the goods and chattells 
of every such Offender and Offenders, the one half thereof to be 
forfeited and paid unto the person and persons of whom such 
reproachfull words are or shalbe spoken or uttered, and the other 
half thereof to the Lord Proprietary and his heires Lords and 
Proprietaries of this Province. But if such person or persons 
who shall at any time utter or speake any such reproachfull 
words or Language shall not have Goods or Chattells sufficient 



104 MARYLAND 

and overt within this Province to bee taken to satisfie the pen- 
alty aforesaid, or that the same bee not otherwise speedily sat- 
isfyed, that then the person or persons soe offending shalbe 
publickly whipt, and shall suffer iniprisomnt without baile or 
maineprise untill hee, shee, or they respectively shall satisfy 
the party soe offended or grieved by such reproachfull Lan- 
guage by asking him or her respectively forgivenes publiquely 
for such his Offence before the Magistrate or cheife Officer or 
Officers of the towne or place where such Offence shalbe given. 
And be it further likewise Enacted . . . That every person and 
persons within this Province that shall at any time hereafter 
prophane the Sabbath or Lords day, called Sunday, by frequent 
swearing, drunkennes, or by any uncivill or disorderly recreacon, 
or by working on that day when absolute necessity doth not 
require it, shall for every such first offence forfeit 2^ 6|* sterling 
or the value thereof, and for the second offence 5^ sterling or 
the value thereof, and for the third offence and soe for every 
time he shall offend in like manner afterwards, lOf sterling 
or the value thereof. And in case such offender and offenders 
shall not have sufficient goods or chattells within this Province 
to satisfy any of the said Penalties reecsptively hereby imposed 
. . . That in Every such case the partie soe offending shall for 
the first and second offence in that kinde be imprisoned till hee 
or shee shall publickly in open Court before the cheife Com- 
mander Judge or Magistrate of that County Towne or precinct 
where such offence shalbe committed acknowledg the Scandall 
and offence he hath in that respect given against God and the 
good and civill Governmt of this Province; And for the third 
offence and for every time after, shall also bee publickly whipt. 
And whereas the infoixeiug of the conscience in matters of Re- 
ligion hath frequently fallen out to he of dangerous Consequence 
in those commonwealthes ivhere it hath been practised, And for the 
more quiett and peaceable governmt of this Province, and the bet- 
ter to preserve mutua.ll Love and amity amongst the Inhabitants 
thereof Be it Therefore also by the Lord Proprietary with the 
advise and consent of this Assembly Ordeyned and enacted (except 



THE MARYLAND TOLERATION ACT OF 1649 105 

as in this present Act is before Declared and sett forth) that noe 
j^erson or persons ivhatsoever ivithin this Province, or the Islands, 
Parts, Harbors, Creekes, or havens thereunto belo7iging, professing 
to beleive in Jesus Christ, shall from henceforth bee any icaies 
troubled. Molested or discountenanced for or in respect of his or 
her religion nor in the free exercise thereof ivithin this Province 
or the Islands thereunto belonging nor any way compelled to the 
heleife or exercise of any other Religion against his or her consent, 
soe as they be not unfaithfull to the Lord Proprietary, or molest 
or conspire against the civill Government established or to bee estab- 
lished in this Province under him on his heires. And that all 
and every person and persons that shall presume Contrary to 
this Act and the true intent and meaning thereof directly or 
indirectly either in person or estate wilfully to wrong disturbe 
trouble or molest any person whatsoever within this Province 
professing to beleive in Jesus Christ for or in respect of his or 
her religion, or the free exercise thereof, within this Province 
. . . that such person or persons soe offending shall be com- 
pelled to pay trebble damages to the party soe wronged . . . 
and for every such offence shall also forfeit 20 s. sterling . . . 
[or, in default of payment, shall make satisfaction by public 
whipping, and imprisonment during the pleasure of the 
Governor]. . . . 



B. NEW ENGLAND TO 1660 
VIII. AN EARLY EXPLORATION IN MAINE 

41. Weymouth's Voyage, 1605 

From A True Relation of Captain George Waymouth, His Voyage 
(1605), reprinted in Massachusetts Historical Society Collections, Vol. 
VIII. Weymouth's voyage was a precursor of the attempt at settlement 
on the Kennebec in 1607 by one branch of the Virginia Company. 

Upon Tuesday, the 5tli day of March, about ten o'clock be- 
fore noon, we set sail from Ratcliffe, and came to an anchor 
that tide about two o'clock before Gravesend. . . . 

Friday, the 17th of May, about six o'clock at night, we de- 
scried the land. ... It appeared a mean high land, as we 
after found it, being an island of some six miles in compass, 
but I hope the most fortunate ever yet discovered. . . . 

This island is woody grown with fir, birch, oak and beech, 
as far as we saw along the shore ; and so likely to be within. 
On the verge grow gooseberries, strawberries, wild pease, and 
wild rose bushes. The water issued forth down the rocky 
cliffe in many places : and much fowl of divers kinds breed 
upon the shore and rocks. 

While we were at shore, our men aboard, with a few hooks, 
got above thirty great cods and haddocks, which gave us a 
taste of the great plenty of fish which we found afterward 
wheresoever we went upon the coast. From hence we might 
discern the main land from the west-south-west to the east- 
north-east; and a great way (as it then seemed, and we after 
found it,) up into the main we might discern very high moun- 
tains, though the main seemed but low land ; . . . 

The profits and fruits which are naturally on these islands 
are these : 

All along the shore, and some space within, where the wood 
hindereth not, grow plentifully, raspberries, gooseberries, 
strawberries, roses, currants, wild vines, angelica. 

106 



WEYMOUTH'S VOYAGE, 1605 107 

Within the islands grow wood of sundry sorts, some very 
great, and all tall, as birch, beech, ash, maple, spruce, cherry 
tree, yew, oak. Very great and good, fir tree, out of which 
issueth turpentine in so marvellous plenty, and so sweet as 
our chirurgeon and others affirmed they never saw so good in 
England. We pulled off much gum, congealed on the outside 
of the bark, which smelled like frankincense. This would be 
a great benefit for making tar and pitch. 

We staid the longer in this place, not only because of our 
good harbor (which is an excellent comfort,) but because every 
day we did more and more discover the pleasant fruitfulness ; 
insomuch as many of our company wished themselves settled 
here, not expecting any further hopes, or better discovery to 
be made. 

Here our men found abundance of great muscles among the 
rocks; and in some of them many small pearls: and in one 
muscle (which we drew up in our net) was found fourteen 
pearls, whereof one of pretty bigness and orient ; in another 
above fifty small pearls : and if we had had a drag, no doubt 
we had found some of great value, seeing these did certainly 
shew that here they were bred ; the shells all glittering with 
mother of pearl. . . . 

Our captain had in this small time discovered up a great 
river, trending alongst into the main about forty miles. The 
pleasantness whereof, with the safety of harbor for shipping, 
together with the fertility of ground and other fruits, which 
were generally by his whole company related, I omit till I re- 
port of the whole discovery thereinafter performed. . . . 

The next day being Saturday and the first of June, I traded 
with the savages all the forenoon upon the shore, where were 
eight-and-twenty of them ; and because our ship rode nigh, we 
were but five or six; where for knives, glasses, combs, and 
other trifles to the value of four or five shillings, we had forty 
good beavers' skins, otters' skins, sables, and other small skins, 
which we knew not how to call . . . Here are more good har- 
bors for ships of all burthens, than England can afford, and 



108 AN EARLY EXPLORATION IN MAINE 

far more secure from all winds and weathers, than any in 
England, Scotland, France, or Spain. . . . 

As we passed with a gentle wind up with our ship in this 
river, any man may conceive with what admiration we all con- 
sented in joy. Many of our company who had been travellers 
in sundry countries, and in most famous rivers, yet affirmed 
them not comparable to this they now beheld. Some that 
were with Sir Walter Raleigh in his voyage to Guiana, in the 
discovery of the river Orenoque, which echoed fame to the 
world's ears, gave reasons why it was not to be compared with 
this, which wanteth the dangers of many shoals, and broken 
ground, wherewith that was incumbered. Others before that 
notable river in the West Indies called Rio Grande ; some be- 
fore the river of Loire, the river Seine, and of Bourdeaux in 
France ; which although they be great and goodly rivers, yet it 
is no detraction from them to be accounted inferior to this, 
which not only yieldeth all the foresaid pleasant profits, but 
also appeared infallibly to us free from all inconveniences. 

I will not prefer it before our river of Thames, because it is 
England's richest treasure : . . . 

The excellency of this part of the river, for his good breadth, 
depth, and fertile bordering ground, did so ravish us all with 
variety of pleasantness, as we could not tell what to commend, 
but only admired ; some compared it to the river Severn, (but 
in a higher degree) and we all concluded (as I verily think we 
might right) that we should never see the like river in every 
degree equal, until it pleased God we beheld the same 
again. . . . 

The temperature of the climate (albeit a very important 
matter) I had almost passed without mentioning, because it 
afforded to us no great alteration from our disposition . in 
England ; somewhat hotter up into the main, because it lieth 
open to the south ; the air so wholesome, as I suppose not any 
of us found ourselves at any time more healthful, more able to 
labor, nor with better stomachs to such good fare as we partly 
brought and partly found ... 



IX. THE FIRST SOURCE OF LAND TITLES IN 
NEW ENGLAND 

42. Charter of the Plymouth Council 

[Often called The Council for New England] 
November 3/12, 1629 

Hazard's State Papers (Washington, 1792), I, 103-118. 

The " Second Colony " of the Charter of 1606 (No. 16 above) sent out 
an expedition to the coast of Maine in 1607. This failed ; and the Com- 
pany made no further efforts until 1620, save for the vain attempt of Sir 
Ferdinando Gorges, one of the leading members. In March of 1619/20, 
Gorges and other members petitioned for a reorganization of the Company, 
and this prayer was granted by the King in this charter. This document 
stands to the " Second Colony " of 1606 (the Plymouth branch) as do the 
charters of 1609 and 1612 to the " First Colony" (the London branch). 

[The charter begins by reciting the grant of the Virginia 
Charter of 1606, the grant of 1609 to one branch of the original 
Company, and the petition of Gorges and others of the Plymouth 
branch for a similar enlargement and for a monopoly of the 
northern fisheries.] 

And also for that We have been further given certainly to 
knowe, that within these late Yeares there hath by God's 
Visitation raigned a wonderfull Plague, together with many 
horrible Slaughters, and Murthers, committed amoungst the 
Savages and bruitish People there heertofore inhabiting, in a 
Manner to the utter Destruction, Devastacion, and Depopulacion 
of that whole Territorye . . . whereby We in our Judgment are 
persuaded and satisfied that the appointed Time is come in 
which Almighty God in his great Goodness and Bountie 
towards Us and our People, hath thought fitt and determined 
that those large and goodly Territoryes, deserted as it were by 
their naturall inhabitants, should be possessed and enjoyed by 
such of our Subjects and People as heertofore have and here- 

109 



110 SOURCE OF LAND TITLES IN NEW ENGLAND 

after shall by his Mercie and Favour, and by his Powerfull 
Arme, be directed and conducted thither. In Contemplaeion and 
serious Consideracion whereof, Wee have thoagt it fitt according 
to our Kingly Duty, soe much as in Us lyeth, to second and 
foUowe God's sacred Will, rendering reverend Thanks to his 
Divine Majestic for his gracius favour in laying open and re- 
vealing the same unto us before any other Christian Prince or 
State, by which Meanes without Offence, . . . Wee therefore . . . 
Do . . . grant . . . that all that Circuit, Continent, Precincts, 
and Limitts in America, lying and being in Breadth from Fourty 
Degrees of Northerly Latitude, from the Equinoticall Line, to 
Fourty-eight Degrees of the said Northerly Latitude, and in 
Length by all the Breadth aforesaid throughout the Maine Land, 
from Sea to Sea, . . . shall be the Limitts ... of the second 
Collony : And to the End that the said Territoryes may forever 
hereafter be more particularly and certainly known and dis- 
tinguished, our Will and Pleasure is, that the same shall from 
henceforth be nominated, termed, and called by the Name of 
New-England, in America. . . . And for the better Plantacion, 
ruling, and governing of the aforesaid New-England in Amer- 
ica, We . . . ordaine . . . that from henceforth, there shall 
be . . . in our Towne of Plymouth, in the County of Devon, 
one Body politicque and corporate, which shall have perpetuall 
Succession, which shall consist of the Number of fourtie 
Persons, and no more, which shall be, and shall be called and 
knowne by the Name of the Council established at Plymouth, in 
the County of Devon, for the planting, ruling, ordering, and 
governing of New-England, in America; [The names of the 
Council. They have power to fill vacancies in their member- 
ship, and the usual rights of a corporation ; they are to choose a 
''President," etc. ; and to control trade with New England and 
the ownership of land.] 

And further . . . Wee . . . grant full Power and Authority 
to the said Councill . . . [to] nominate, make, constitute, or- 
daine, and confirme by such Name or Names, Style or Styles, as 
to them shall seeme Good ; and likewise to revoke, discharge. 



CHARTER OF THE PLYMOUTH COUNCIL 111 

change, and alter, as well all and singular. Governors, Officers, 
and Ministers, which hereafter shall be by them thought fitt 
and needful to be made or used, as well to attend the Business 
of the said Company here, as for the Government of the said 
Collony and Plantation, and also to make ... all Manner of 
Orders, Laws, Directions, Instructions, Forms, and Ceremonies 
of Government and Magistracy fitt and necessary for any con- 
cerning the Government of the said Collony and Plantation, 
so always as the same be not contrary to the Laws and Stat- 
utes of this our Realme of England ; and the same att all Times 
hereafter to abrogate, revoke, or change, not only within the 
Precincts of the said Collony, but also upon the Seas in going 
and coming to and from the said Collony, as they in their good 
Discretions shall thinke to be fittest for the good of the 
Adventurers and Inhabitants there. 

[Clauses similar to those in the London Company's charter 
of 1609 regarding martial law ; the forfeiture of goods fraudu- 
lently transported to a foreign country; landholding by free 
socage, etc. ; the right '• to take, load, carry, and transport . . . 
out of our Realmes to New England all such ... of our loveing 
Subjects ... as shall willingly accompany them '■ ; exemption 
from duties on goods exported from England for seven years ; 
and from all taxes for twenty-one years, except the five per 
cent customs duty for imports to be reexported ; right to dis- 
pose of lands.] 

And Wee do also . . . grant to the said Councell . . . that 
they . . . shall, and lawfully may, . . . for their . . . Defence 
and Safety, encounter, expulse, repel, and resist by Force 
of Arms, as well by Sea as by Land, and all Ways and 
Meanes whatsoever, all such . . . Persons, as without the 
speciall Licence of the said Councell . . . shall attempt to in- 
habitt within the said severall Precincts and Limitts of the 
said Collony and Plantation. And also all . . . such . . . 
Persons ... as shall enterprize or attempt att any time here- 
after Destruction, Invasion, Detriment, or Annoyance to the 
said Collony and Plantation. 



112 SOURCE OF LAND TITLES IN NEW ENGLAND 

[A like provision for use of force to prevent traders visiting 
the territory without the " License and consent of the said 
Councill . . . first had and obtained in Writing." Authority 
for two of the Council to administer the oaths of allegiance and 
supremacy (as in the charter of 1612); a long passage giving 
the Councill extraordinary jurisdiction as a safeguard against 
its being defrauded or libeled (as in the charter of 1612) ; 
English subjects settling in the colony and their, descendants 
there to have all the rights of Englishmen. None to be per- 
mitted to go to New England except such as first take the oath 
of supremacy, — this provision intended to exclude Catholics 
(wording taken from the charter of 1609 ; not found in 1612) ; 
etc. etc. etc. — Privileges granted in 1606, and not altered in 
this charter, are confirmed.] 



X. PLYMOUTH PLANTATION 

43. Delays in securing the Wincob Charter 
Robert Cushman to Pastor Robinson, May 8/18, 1619 

Bradford's Plymouth Plantation (Original Narratives edition), 58, 59. 

Cushman was the agent of the Pilgrims, sent from Holland to secure 
a charter from the London Company for some district in "Northern 
Virginia." The negotiations had been going on more than a year when 
this letter was written. 

. . . The maine hinderance of our proseedings in the Vir- 
ginia bussines is the dissentions and factions as they terme 
it among the Counsell and Company of Virginia ; which are 
such as that ever since we came up no busines could by 
them be dispatched. The occasion of this trouble amongst 
them is, for that a while since Sir Thomas Smith, repining 
at his many offices and troubls, wished the Company of Vir- 
ginia to ease him of his office. . . . Wereupon the Company 
tooke occasion to dismisse him and choose Sir Edwin Sands 
Treasurer and Goverr of the Company. He having 60 voyces. 
Sir John Worstenholme 16 voices, and Alderman Johnson 
24.^ But Sir Thomas Smith when he saw some parte of 
his honour lost, was very angrie, and raised a faction to 
cavill and contend aboute the election, and sought to taxe Sir 
Edwin with many things that might both disgrace him, 
and allso put him by his office of Governour. In which 
contentions they yet stick and are not fit nor readie to inter- 
medle in any bussines; and what issue things will come to 
we are not yet certaine. It is most like Sir Edwin wdll carrie 

iThe correct vote, according to the Company's Records (I, 212), is 59, 23, 
and 18 (No. 28 below). This, of course, was the election in April, 1619, by 
which the Liberals came into power. Cf . American History and Government, 
§§ 27, 49 and note. 

113 



114 PLYMOUTH PLANTATION 

it, and. if he doe, things will goe well ^ in Virginia, if otherwise, 
they will goe ill enough allways. We hope in some 2 or 3 
Court clays things will settle.^ 

44. Agreement between the Pilgrims in Holland and the Merchant 

Adventurers in London 

July 1/11, 1620 

Bradford's Plymouth Plantation (Original Narratives edition), 66, 67. 
The following "articles" outline the business partnership by which 
the Pilgrims secured funds to come to America. 

1. — The adventurers and planters doe agree that every 
person that goeth, being aged 16 years and upward, be rated at 
10 £, and ten pounds to be accounted a single share. 

2. — That he that goeth in person, and furnisheth him selfe 
out with 10 £ either in money or other provissions, be ac- 
counted as having 20 £ in stock, and in the devission shall 
receive a double share. 

3. — The persons transported and the adventurers shall con- 
tinue their joynt stock and partnership togeather the space of 7 
years (excepte some unexpected impedimente doe cause the 
whole company to agree otherwise), during which time all 
profits and benefits that are gott by trade, traffick, trucking, 
working, fishing, or any other means of any person or persons, 
remaine still in the commone stock untill the division. 

4. — That at their comming ther, they chose out such a 
number of fitt persons, as may furnish their ships and boats 
for fishing upon the sea ; iraploying the rest in their several! 
faculties upon the land; as building houses, tilling, and 

1 Things did "settle" rapidly. Bradford's narrative continues: " But at 
last after all these things and their long attendance, they had a Patent granted 
them and confirmed under the Companies seale [June 9/19, according to 
Records of the Virginia Company for May 26 and June 9, 1619]. ... By the 
advice of some of their friends, this pattente was not taken in the name of 
any of their owne, hut in the name of Rev. tTohn Wineob (a religious gentle- 
man then belonging to the Countess of Lincoline), who intended to goe 
with them. But God so disposed as he never went, nor they ever made use 
of this pateute, which had cost them so much labour and charge. . . ." 



BARGAIN WITH LONDON PARTNERS 115 

planting the ground, and makeing shuch commodities as shall 
be most nsefull for the coUonie. 

5. — That at the end of the 7 years, the capitall and profits, 
— viz. the houses, lands, goods and chatles, — be equally devided 
betwixte the adventurers and planters ; Avhich done, every 
man shall be free from other of them of any debt or detrimente 
concerning this adventure. 

6. — Whosoever cometh to the colonie herafter, or putteth 
any into the stock, shall at the ende of the 7 years be alowed 
proportionably to the time of his so doing. 

7. — He that shall carie his wife and children, or servants, 
shall be alowed for everie person now aged 16 years and up- 
ward, a single share in the devision, or if he provid them 
necessaries, a duble share, or if they be between 10 year old 
and 16, then 2 of them to be reconed for a person, both in 
transportation and devision. 

8. — That such children as now goe, and are under the age 
of ten years, have noe other shar in the devision but 50 acers 
of unmanured land. 

9. — That such persons as die before the 7 years be expired, 
their executors to have their parte or sharr at the devison, 
proportionably to the time of their life in the collonie. 

10. — That all such persons as are of this collonie, are to 
have their meate, drink, apparell, and all provissions out of 
the common stock and goods of the said collonie. 

[Bradford adds : "The cheefe and principall differences between these 
and the former conditions [i.e. articles proposed at first by the Pilgrims] 
stood in these 2 points; that the houses and lands improved, espetialy 
gardens and home lotts, should remain undevided wholly to the planters 
at the 7 years end [i.e. not go into the common stock of the partnership] 
21y, that they should have had 2 days in a weeke for their own private 
iniploymente." 

These points are made in a letter of John Eobinson, the Pilgrim 
pastor, to John Carver, the agent in England, dated July 14, 1620 (Brad- 
ford, 69, 70). 

"Aboute the conditions ... let this spetially be borne in minde ; 
that the greatest parte of the collonie is like to be imployed constantly, 



116 PLYMOUTH PLANTATION 

not upon dressing ther perticuler [individual] land, and building houses, 
hut upon fishing, trading, etc. So as the land and house will be but a 
trifell for advantage to the adventurers [London capitalists] ; and yet the 
devission of it a great discouragemente to the planters [colonists], v?ho 
would with singuler care make it comfortable with borowed houres from 
their sleep." 

For the fallacy in this view, cf. American History and Government, 
§§ 49, 52.] 

45. From the Farewell Letter of John Robinson 

Bradford's Plymouth Plantation (Original Narratives edition), 84-86. 

Robinson was the pastor of the Separatist congregation at Leyden. 
This letter was written to that part of the congregation which had just 
embarked for America, soon to found Plymouth colony. It is not dated. 
Bradford gives the full text. This extract shows that the charter which 
the Pilgrims had secured from the London Company, but which they 
were never to use (No. 48 note, and American History and Government, 
§ 51 note), had guaranteed them a large measure of self-government. 
The letter would fill some five pages of this book. 

. . . Lastly, whereas you are become a body politik, using 
amongst yourselves civill governmente, and are not furnished 
with any persons of spetiall eminence above the rest, to be 
chosen by you into office, let your wisdome and godlines ap- 
pear, not only in chusing shuch persons as do entirely love and 
will promote the commone good, but also in yeelding unto 
them all due honour and obedience . . . and this dutie you 
may the more willingly . . . performe, because you are at 
least for the present to have onely them for your ordinarie 
governours which your selves shall make choyse of for that 
worke. 

46. The Mayflower Compact 

November 11/21, 1620 

Bradford's Plymouth Plantation (Original Narratives edition), 107. 
The original document is lost. Bradford gives no signatures. How- 
ever, another copy, in Mourt's Belation, has the signatures, forty-two in 
number. 

In the name of God, Amen. We whose names are under 
writen, the loyall subjects of our dread soveraigne Lord, King 



THE MAYFLOWER COMPACT 117 

James, by the grace of God, of Great Britaine, Franc, and 
Ireland king, defender of the faith, etc., haveing undertaken, 
for the glorie of God, and advancemente of the Christian faith,^ 
and honour of our king and countrie, a voyage to lolant the 
first colonie in the Northerne parts of Virginia, doe by these 
presents solemnly and mutualy in the presence of God, and one 
of another, covenant and combine our selves togeather into a 
civill body politick, for our better ordering and preservation 
and furtherance of the ends aforesaid ; and by vertue hearof 
to enacte, constitute, and frame such just and equall lawes, 
ordinances, acts, constitutions, and offices, from time to time, 
as shall be thought most meete and convenient for the generall 
good of the Colonie, unto which we promise all due submission 
and obedience. In witnes whereof we have hereunder sub- 
scribed our names at Cap-Codd the 11. of November, in the 
year of the raigne of our soveraigne lord. King James, of 
England, France, and Ireland the eighteenth, and of Scotland 
the fiftie fourth. Anno : Dom. 1620. 

For a discussion of tliis document, see American History and Oovcrn- 
ment, § 51. Here it should be noted that it is not a "constitution" so 
much as a preliminary " social compact." Nineteen years later, Wlieel- 
wright and his followers (banished from Massachusetts) settled on the 
New Hampshire coast and adopted an agreement similar to the Mayflower 
document in occasion and character. Western mining camps have taken 
like action many times in later days. 

The Wheelwright document follows from Hazard's State Papers, I, 
463. 

COMBINATION OF SETTLERS AT EXETER 

Whereas it hath pleased the Lord to move the Heart of our dread 
Sovereign Charles by the Grace of God King etc. to grant Licence and 
Libertye to sundry of his subjects to plant themselves in the Westerne 
parts of America. We his loyal Subjects, Brethren of the Church in 
Exeter, situate and lying upon the River Pascataqua, with other Inhab- 
itants there, considering with ourselves the holy Will of God and our 
own Necessity that we should not live without wholesom Lawes and 
Civil Government among us, of which we are altogether destitute ; do in 
the name of Christ and in the Sight of God combine ourselves together to 



118 PLYMOUTH PLANTATION 

erect and set up among us such Government as shall be to our best dis- 
cerning agreeable to the Will of God, professing ourselves Subjects to our 
Sovereign Lord King Charles according to the Liberties of our English 
Colony of Massachusetts, and binding ourselves solemnly by the Grace 
and help of Christ, and in his Name and fear, to submit ourselves to such 
Godly and Christian Lawes as are established in the realm of England to 
our best Knowledge, and to all other such Lawes which shall upon good 
grounds be made and enacted among us according to God, that we may 
live quietly and peaceably together in all godliness and honesty. Mo. 8, 
D. 4. 1689, as attests our Hands. 

John Wheelwright [and thirty-four other names]. 

47. The Peirce Charter, June, 1621 

Massachusetts Historical Society Collections, Fourth Series, II, 158 ff. 

Finding themselves within the jurisdiction of the newly reorganized 
Plymouth Council (or New England Council), the Pilgrims secured from 
that body the following grant through their London partners, Peirce 
was intended to act as trustee while the partnership lasted. Cf. American 
History and Government, § 5-5, and (for the documents regarding Peirce's 
later attempt to steal the colony) Arber's Story of the Pilgrim Fathers, 
259, 260. 

This Indenture made the First Day of June, 1621, Be- 
twene the President and Counsell of New England of the one 
partie, And John Peirce Citizen and Clothworker of London 
and his Associates of the other partie, Witnesseth that whereas 
the said John Peirce and his Associates have already trans- 
ported and undertaken to transporte at their cost and chardges 
themselves and dyvers persons into New England and there 
to erect and build a Towne and settle dyvers Inhabitantes 
for the advancement of the generall plantacion of that Country 
of New England, Now the sayde President and Counsell, 
in consideracion thereof and for the furtherance of the said 
plantacion and incoragement of the said Undertakers, have 
agreed to graunt, assigne, allott, and appoynt to the said 
John Peirce and his associates and every of them, his and 
their heires and assignes, one hundred acres of grownd for 
every person so to be transported, besides dyvers other pryvi- 
ledges, Liberties, and commodyties hereafter mencioned. . . . 



THE PEIRCE CHARTER, JUNE, 1621 119 

The same land to be taken and chosen by them, their dep- 
uties or assignes, in any place or places wheresoever not 
already inhabited by any English. . . . 

And forasmuch as the said John Peirce and his associates 
intend and have undertaken to build Churches, Schooles, 
Hospitalls, Toune houses. Bridges, and such like workes of 
Charytie, As also for the maynteyning of Magistrates and 
other inferior Officers (In regard whereof and to the end that 
the said John Peirce and his Associates, his and their heires 
and assignes, may have where wdthall to beare and support 
such like charges). Therefore the said President and Coun- 
cell aforesaid do graunt unto the said Undertakers, their 
heires and assignes, Fifteene hundred acres of Land more- 
over and above the aforesaid proporcion of one hundred the 
person for every undertaker and Planter, to be imployed upon 
such publique uses as the said Undertakers and Planters shall 
thinck fitt. . . . 

And shall also at any tyme within the said terme of Seaven 
Yeeres upon request unto the said President and Counsell 
made, graunt unto them (the said John Peirce and his As- 
sociates, Undertakers, and Planters, their heires and assignes) 
Letters and Grauntes of Incorporacion by some usuall and 
fitt name and tytle, with Liberty to them and their successors 
from tyme to tyme to make orders, Laives, Ordynaunces, and 
Constitucions, for the rule, governement, ordering, and dyrecting 
of all 2)ersons to be transported and settled upon the landes hereby 
graunted, intended to be graunted, or hereafter to be granted. . . . 
And in the meane tyme iintill such graunt made, It shalbe 
laivfull for the said John Peirce, his Associates, Undertakers, 
and Planters, their heires and assignes, by consent of the greater 
part of them, To establish such Laives and ordynaunces as are 
for their better goveryiment, and the same, by such Officer or 
Officers as they shall by most voyces elect and choose, to put in 
execucion. 

[The above grant was the first charter issued by the Plymouth Council 
of 1620 (No. 42 above). It is sometimes said that these patents from 



120 PLYMOUTH PLANTATION 

the Council had no legal force, so far as political features were concerned. 
It is true that such grants had no force, as against the royal government ; 
but, as long as the royal grant to the Council stood, grants from that 
body were valid, — certainly valid as against any later claim from that 
proprietary body. The king's patent of 1620 authorized the Council to 
arrange the government of colonies in its New England territories as it 
pleased. In carrying out this provision for the Pilgrims, the Council saw 
fit to permit a large share of self-government, — just as the London 
Company had done, in less degree, for the Virginians, and as Penn was 
to do for the Pennsylvanians in his famous charter to them in 1701 (No. 
109 below). As to the overthrow of the validity of the charters to the 
Pilgrims in 1634, cf. American History and Government, § 55 close.] 

48. Early Descriptions of Plymouth ^ 

a. Edwaixl Winslow\s Letter {to a friend in England), 
Becemher 11/21.1621 

Arber's Story of the Pilgrim Fathers, 488-494. (The spelling is 
modernized in all printed copies.) 

Loving and Old Friend, — 

Although I received no letter from you by this ship, yet 
forasmuch as I know you expect the performance of my 
promise, which was, to write unto you truly and faithfully 
of all things, I have therefore at this time sent unto you ac- 
cordingly, referring you for further satisfaction to our more 
large Relations [Winslow's Relations, a considerable volume]. 

You shall understand that in this little time [less than one 
year] that a few of us have been here, we have built seven 
dwelling-houses and four for the use of the plantation, and 
have made preparation for divers others. We set the last 
spring some twenty acres of Indian corn, and sowed some six 
acres of barley and pease ; and according to the manner of the 
Indians, we manured our ground with herrings, or rather 
shads, which we have in great abundance, and take with great 
ease at our doors. Our corn did prove well; and, God be 
praised, we had a good increase of Indian corn, and our barley 

1 Bradford's longer accounts are omitted here, because they are quoted so 
freely in American History and Governments 



EARLY DESCRIPTIONS OF PLYMOUTH 121 

indifferent good, but our pease not worth the gathering, for we 
feared they were too late sown. They came up very well, and 
blossomed ; but the sun parched them in the blossom. . . . 

When it pleaseth God we are settled and fitted for the 
fishing business and other trading, I doubt not but by the 
blessing of God the gain will give content to all. In the 
mean time, that we have gotten we have sent by this ship ; 
and though it be not much, yet it will witness for us that we 
have not been idle, considering the smallness of our number 
all this summer. We hope the merchants will accept of it, 
and be encouraged to furnish us with things needful for 
further employment, which will also encourage us to put forth 
ourselves to the uttermost. 

Now because I expect your coming unto us, with other of 
our friends, whose company we much desire, I thought good 
to advertise you of a few things needful. Be careful to have 
a very good bread-room to put your biscuits in. Let your cask 
for beer and water be iron-bound, for the first tire, if not more. 
Let not your meat be dry-salted ; none can better do it than 
the sailors. Let your meal be so hard trod in your cask that 
you shall need an adz or hatchet to work it out with. Trust 
not too much on us for corn at this time, for by reason of this 
last company that came, depending wholly upon us, we shall 
have little enough till harvest. Be careful to come by some 
of your meal to spend by the way ; it will much refresh you. 
Build your cabins as open as you can, and bring good store of 
clothes and beddiug with you. Bring every man a mussket or 
fowling-piece. Let your piece be long in the barrel, and fear 
not the weight of it, for most of our shooting is from stands. 
Bring juice of lemons, and take it fasting ; it is of good use. 
For hot waters, aniseed water is the best ; but use it sparingly. 
If you bring anything for comfort in the country, butter or 
sallet oil, or both is very good. Our Indian corn, even the 
coarsest, maketh us pleasant meat as rice; therefore spare 
that, unless to spend by the way. Bring paper and linseed 
oile for your windows, with cotton yarn for your lamps. Let 



122 PLYMOUTH PLANTATION 

your shot be most for big fowls, and bring store of powder 
and shot. I forbear further to write for the present, hoping 
to see you by the next return. So I take my leave, commend- 
ing you to the Lord for a safe conduct unto us, resting in him, 

Your loving friend, 

E. W. 

h. Captain John Smith's Account, 1624 
Smith's Works (Birmingham edition), 782 ff. 

At ISTew-Plimoth there is [1624] about 180 persons, some 
cattell and goats, but many swine and poultrj^ ; 32 dwelling 
houses, whereof 7 were burnt the last winter [1623], and the 
value of five hundred pounds in other goods ; the Towne is 
impailed about halfe a mile [in] compasse. In the toune 
upon a high ]\Iount they have a Fort well built with wood, 
lime, and stone, where is planted their Ordnance : Also a 
faire Watch-tower, partly framed for the Sentinell. The 
place it seemes is healthfull, for in these last three yeeres 
[1621—4], notwithstanding their great want of most neces- 
saries, there hath not one died of the first planters. They 
have made a saltworke, and with that salt preserve the fish 
they take ; and this yeare [1624] hath fraughted a ship of 
180 tunnes. 

The Governour is one Master William Bradford ; 

******* 

The most of them live together as one family or household, 
yet every man followeth his trade and profession both by sea 
and land, and all for a generall stocke : out of which they 
have all their maintenance, untill there be a divident betwixt 
the Planters and the Adventurers. 

Those Planters are not servants to the Adventurers here, 
but have onely councells of directions from them, but no in- 
junctions or command; and all the masters of families are 
partners in land or whatsoever, setting their labours against 
the stocke, till certaine yeeres be expired for the division; 



EARLY DESCRIPTIONS OF PLYMOUTH 123 

they have young men and boies for their Apprentises and 
servants, and some of them speciall families, as Ship-carpenters, 
Salt-makers, Fish-masters, yet as servants upon great wages. 

The Adventurers which raised the stocke to begin and 
supply this Plantation were about 70 : ^ some Gentlemen, some 
Merchants, some handy-crafts men, some adventuring great 
summes, some small, as their estates and affection served. 
The generall stocke already imploied is about 7000 1. ; by 
reason of which charge and many crosses, many of them 
would adventure no more : but others that knowes so great 
a designe cannot bee effected without both charge, losse, and 
crosses, are resolved to goe forward with it to their powers ; 
which deserve no small commendations and encouragement. 
These [The Adventurers generally] dwell most[ly] about 
London. They are not a Corporation, but [are] knit together 
by a voluntary combinatian in a society without constraint 
or penalty, aiming to doe good and to plant Religion ; they 
have a President and Treasurer, every yeere newl}'" chosen 
by the most voices, who ordereth the affaires of their Courts 
and meetings, and with the assent of the most of them, under- 
taketh all ordinary business ; but in more weighty affaires, 
the assent of the whole Company is required. 

There hath beene a fishing this yeere [1624] upon the 
Coast about 50. English ships : . . . and though I promise 
no Mines of gold, yet the warlike Hollanders let us imitate 
but not hate, whose wealth and strength are good testimonies 
of their treasury gotten by fishing ; and New-England hath 
yeelded already [up to 1624] by generall computation one 

1 Bradford gives forty-two names, — those still interested in 162(). (Brad- 
ford's Letter Book, Massachusetts Historical Society Collections, First Series, 
III, 48.) In his latest work {Advertisements, etc., 1630) Smith implies that 
the Loudon merchants lost far the greater part of their investment, — " being 
out of purse six or seven thousand pounds," and accepting in lieu of this the 
promise of the Planters in 1627 " to pay them for nine years two hundred 
pounds yearely, without any other account [settlement]." Smith, no doubt, 
heard only the merchants' side and exaggerates their loss. Bradford's History 
shows that the accounts were badly muddled. 



124 PLYMOUTH PLANTATION 

hundred thousand pounds at the least. Therefore, honourable 
and worthy Country men, let not the meannesse of the word 
fish distaste you, for it will afford as good gold as the Mines 
of Guiana or Potassie, with lesse hazard and charge, and more 
certainty and facility. 

49. Final Source of Plymouth Land Titles 

a- The Bradford Charter, January 13/23. 1629/30 

Hazard's State Papers (Washington, 1792), I, 298 ff. 
Cf. American History and Government^ § 55. 

[Recital of grant of New England by James I to the Council 
for New England in charter of 1620.] 

Now know yee that the said Councell, by Vertue and 
Authority of his said late Majestie's Letters pattents, and . . . 
in Consideration that William Bradford and his Associates 
have for these nine Yeares lived in New-Englande . . . and 
have there . . . planted a Towne . . . att their owne proper 
Costs . . . and now seeinge that by the speciall Providence of 
God and [by] their extraordinary Care and Industry, they 
have encreased their Plantacion to neere three hundred 
People . . . Have given . . . and sett over . . . unto the 
said William Bradford, his Heires, Associates, and Assigns, all 
that Parte of New England [boundaries of the Colony] 

. . . Alsoe it shalbe lawf ull and free for the said William 
Bradford, his Associats, his Heires and Assignes, att all tymes 
hereafter, to incorporate by souie usuall or fitt Name and Title, 
him or themselves, or the People there inhabitinge under him 
or them, with Liberty to them and their Successours, from 
tyme to tyme to frame and make Orders, Ordinances, and 
Constitucons, as well for the better Governemente of their 
Affaires here, and the receaving or admitting any to his or 
their Society, as alsoe for the better Government of his or 
their People and Affaires in Neiv Englande, or his and their 
People att Sea in goeinge thither, or returninge from thence, 
and the same to putt or cause to be putt in Execucon by such 



FINAL SOURCE OF PLYMOUTH LAND TITLE 125 

Officers and Ministers as he and they shall authorise and de- 
pute; Provided that the said Lawes and Orders bee not 
repugnante to the Lawes of Englande, or the Frame of Govern- 
mente by the said Presidente and Councell here after to be 
established. . . . And the said Councell doe hereby covenante 
and declare, that it is their Intente and Meaninge for the good 
of this Plantacon, that the said William Bradford his Associats, 
or their Heires or Assignes, shall have and enjoy whatsoever 
Priveledge or Priveledges of what kinde soever, as are ex- 
pressed or intended to be graunted by his said late Majestie's 
Letters-Pattents, and that in as large and ample manner as 
the said Councell thereby now may or hereafter can graunte 
(coyninge of Money excepted). . . . And lastly, know yee 
that wee the said Councell have made and . . . appointed 
Captaine Myles Standish, or, in his absence, Edward Winslowe, 
. . . and John Alden, or any of them, to be our true and lawf uU 
Attorney ... in our Name and Stead, to enter into the said 
Tracte ... of Lande ... or into some parte thereof . . . 
and in our Names to take possession and seizin thereof, . . . 
and after such possession and seizin, . . . then ... in our 
Names to deliver the full and peaceable possession of all . . . 
the said mencioned . . . premises unto the said William Brad- 
ford. . . . 



[The Plymouth copy of this grant is indorsed : — 

" The within named John Alden, authorised as Attorney for the 
within mentioned Counsill, haveing in their name . . . entered into 
some parte of the within mentioned tracts of Land . . . and in their 
Names taken possession and seazin thereof, did in the name of the said 
Counsill, deliver the full and peacable possession and seazin of all . . . 
the within mentioned . . . premises unto William Bradford, for him, 
his Heires, Associates, and Assignes. . . . 
" In Presence of 

James Cudworth 

William Clark 

Nathaniel Mortan, Secretary.''''] 



126 PLYMOUTH PLANTATION 

h. Surrender of the Bradford Patent to the Plymouth 
Freemen, March 2/12, 1640/ 16 41 

This document was first printed by Hazard in his State Papers (I, 
468, 469). The text as given later (1855) in the Plymouth Becords has 
the same spelling in nearly every case, but is somewhat more economical 
of capital letters. The Hazard text is followed here. 

Whereas . . . the said William Bradford and divers others 
the first Instruments of God in the beginninge of this greate 
work of Plantacon together with such as the Alorderinge God 
in his Providence soone added unto them have beene at very 
greate charges to procure the said lands priveledges and free- 
domes from all entanglements ... by reason whereof the 
title to the day of this present remayneth in the said William 
his heires associats and assignes now for the better setling of 
the state of the said land aforesaid the said William Bradford 
and those first Instruments termed and called in sondry orders 
upon publick Record the Purchasers or Old Comers . . . 
whereby they are distinguished from other the freemen and 
Inhabitants of the said Corporation Be it known unto all men 
therefore by these presents That the said William Bradford 
for himself his heires together with the said purchasers do 
onely reserve unto themselves their heires and assignes those 
three tracts of land . . . together with such other smale per- 
cells of lands as they or any of them are personally possessed 
of or interessed in by vertue of any former titles or graunts 
whatsoever and the said William Bradford doth by the free 
and full consent approbacon and agreement of the said Old 
Planters or Purchasers together with the likeing approbacon 
and acceptacon of the other part of the said Corporacon sur- 
render into the hands of the whole Court consisting of the 
Preemen of this Corporacon of New-Plymouth all that ther 
right and title power authorytie priveledges immunities and 
freedomes graunted in the said Letters Patents by the said 
Eight Honorable Councell for New England reserveing his 
and their personall Right of Freemen . . . declaring the 



FIRST CODE OF LAWS IN AMERICA 127 

Freemen of this present Corporacon together with all such as 
shall be legally admitted into the same his associates ... In 
witnes whereof the said William Bradford hath in Publicke 
Court surrendered the said Letters Patents actually into the 
hands and power of the said Court bynding him self e his heires 
executors administrators and assignes to deliver up whatsoever 
specialties are in his hands that do or may concerne the same. 
Memorand. That the said surrender was made by the said 
William Bradford in publicke Court to Nathaniell Sowther 
especially authorized by the whole Court to receive the same 
together with the said Letters Patents in his name and for the 
use of the whole Body of Freemen. . . . 

50. First Code of Laws in America 

Plymouth " Fundementals/' 1636. 

Hazard's Stale Papers (Washington, 1792), I, 404-410. 

The following extracts come from a code (much resembling a bill of 
rights) drawn up for Plymouth Colony in 1636 by the first representative 
gathering of that colony. Of. American History and Government, § 54. 

1. — Wee the associates of the Colony of New-Plymouth, 
coming hither as free born subjects of the kingdom of England, 
endowed with all and singular the priveleges belonging to 
such : Being assembled, 

Do enact, ordain and constitute ; that no act, imposition, law^ 
or ordinance be made or imposed on us at present, or to come, 
but such as shall be enacted by consent of the body of freemen 
or associates, or their representatives legally assembled; which 
is according to the free liberties of the free born people of 
England. 

2. — And for the well governing this Colony : It is also re- 
solved and ordered, that there be a free election annually of 
Governor, Deputy Governor, and assistance, by the vote of 
the freemen of this corporation . . . 

4. — It is also enacted, that no person in this government 
shall suffer or be indamaged, in respect of life, limb, liberty. 



128 PLYMOUTH PLANTATION 

good name or estate, under color of law, or countenance of 
authority, but by virtue or equity of some express law of the 
general court of this Colony, or the good and equitable laws 
of our Nation, suitable for us, in matters which are of a civil 
nature (as by the court here hath been accustomed) wherein 
we have no particuhir law of our own. And that none shall 
suffer as aforesaid, without being brought to answer by due 
course and process of Law. 

5. — And that all cases, whether capital, criminal, or between 
man and man, be tried by a jury of twelve good and lawful 
men, according to the commendable custom of England, except 
where some express law doth refer it to the judgement of some 
other judge or inferior court where jury is not; in which case 
also any party aggrieved, may appeal and have trial by a jury. 

And it shall be in the liberty of any person, that is to be 
tried by a jury to challenge any of the jurors, and if the 
challenge be found just and reasonable by the bench, it shall 
be allowed ; and others without just exception shall be im- 
panelled in their room : And if it be in case of life and death, 
the prisoner shall have liberty (according to the law of Eng- 
land) to except against twenty of the jury without giving any 
reason for the same. 



7. — And it is enacted ; being the privelege of our charter ; 
that all persons of the age of 21 years, of right understanding 
and memory, whether excommunicated, condemned or other, 
having any estate properly theirs to dispose of, shall have 
full power and liberty to make their reasonable wills and 
testaments, and other lawful alienations of their lands and 
estates ; be it only here excepted, That such as are sentenced 
for Treason ... or other capitall crimes, shall forfeit . . . 
for the carrying on the charge of government, their personal 
estate : Their lands and real estate being still at their disposal. 



XI. THE FOUNDING OF MASSACHUSETTS 

51. The Gorges Claim to Massachusetts 

a. Charter from tlie j\^ew England Council to Robert 
Gorges. December 30/ January 9, 1622/3 

Hazard's State Tapers (1792), I, 152 ff. Reprinted from Sir Ferdi- 
nando Gorges' Briefe Xarration of the OrUjinall Undertakings . . . of 
Plantations into . . . America (1658). Gorges' Briefe Narration is re- 
printed in full in the Massachusetts Historical Society Collections^ Third 
Series, V, 45-9:^ 

The Gorges Charter is short, and Ls given almost in full below. 

[Kecital of the grant of 1620 to the Council of New England] 
Now know all Men by these Presents, that We the Councell 
of Nei/:- England, for, and in respect of the good and speciall 
Service done by Sir Ferdinando Gorges, Knight, to the Plan- 
tation, from the first Attempt thereof unto this j^resent, as 
also for many other causes us hereunto moving, and likewise 
for and in Consideration of the Payment of one hundred and 
sixty pounds of lawfull English Money unto the Hands of 
our Treasurer, by Robert Gorges, Sonne of the said Sir Ferdi- 
nando Gorges, Knight, whereof, and of every Part and Parcell 
whereof, the said Robert Gorges, his Heires, Executors, and 
Assignes, are for ever acquitted and discharged, by these 
Presents; have given, granted and confirmed, and by these 
Presents do give, grant, and confirme, unto the said Robert 
Gorges, his Heires and Assignes for ever, all that part of the 
Main Land in New-England aforesaid, commonly called or 
known by the name of Messachusiack, situate, lying and being 
upon the North-East side of the Bay called or knowne by the 
the Name of Massachuset, or by what other Name or Names 
soever it be, or shall be called or knowne, together with all 
the Shoars and Coasts along the Sea, for ten English Miles, 

129 



130 THE FOUNDING OF MASSACHUSETTS 

in a streight line towards the North-East, accounting one 
thousand, seven hundred and sixty yards to the Mile, and 
thirty English Miles (after the same rate) unto the Main 
Land through all the Breadth aforesaid, together with all the 
Islets and Islands, lying within three Miles of any Part of 
the said Lands (except such Islands as are formerly granted) : 
together also with all the Lands, Rivers, Mines and Mineralls, 
Woods, Quarryes, Marshes, Waters, Lakes, Fishings, Hunt- 
ings, Fowlings, and Commodities, and Hereditaments what- 
soever, with all and singular their Appurtenances, together 
with all Prerogatives, Rights, Jurisdictions and Royalties, and 
Power of Judicature in all Causes and Matters whatsoever, 
Criminal, Capital, and Civil, arising, or which may hereafter 
arise, within the Limits, Bounds, and Precincts aforesaid, 
to be executed according to the great Charter of England, and 
such Lawes as shall be hereafter established by Publique Author- 
ity of the State assembled in Parliament in New-England, to be 
executed and exercised by the said Robert Gorges, his 
Heires and Assignes, or his or their Deputies, Lieutenants, 
Judges, Stewards, or other Officers, thereunto by him or them 
assigned, . . . saving and alwayes reserving unto the said 
Councell, and their Successours, and to the Court of Parlia- 
ment hereafter to be in New-England aforesaid, and to either 
of them, power to receive, heare and determine all and singu- 
lar Appeale and Appeales, of every Person and Persons what- 
soever, dwelling or inhabiting within the said Territories and 
Islands, or either or any of them, to the said Robert Gorges 
granted as aforesaid, of and from all Judgments and Sentences 
whatsoever given within the said Territories ; . . . 

[Sir Ferdinando Gorges was one of the original patentees of the " North- 
ern Colony " of 1606. More than any other one man, he was instrumental 
in keeping that enterprise alive and in finally securing its reorganization 
as the Council of New England in 1620 (No. 42 above). He continued 
to be prominent in the meetings and business of that Company until its 
dissolution in 1634. He drew up a plan of government for all New 
England, in accordance with which the New England Council appointed 



THE GORGES CLAIM TO MASSACHUSETTS 131 

his son Robert " generall Governor." This governor was to be assisted 
by a " Councill " consisting of heads of any individual colonies established 
or to be established. The Governor and Council were to make laws with 
the assent of a central "Parliament" to be chosen from the several 
colonies. 

Thus Robert Gorges came to America in this double capacity,— 
patentee of his own small grant on Massachusetts Bay, and General 
Governor (or "Lieutenant General") of all New England. It was 
this last position that brought upon him the dislike of Governor Brad- 
ford of Plymouth, as noted in American History and Government, § 45, 
note. ] 

b. Robert Gorges, Lieutenant General of J^ew England 

(1623) 

From Sir Ferdinando Gorges' " Briefe Narration " (1658), reprinted 
in Massachusetts Historical Society Collections, Third Series, VI, 74-75. 

My son Captain Robert Gorges sent by authority of the Coun- 
cil for those Affairs, as their Lieutenant General. 

The several complaints made to the council of the abuses 
committed by several the fishermen, and other interlopers, who 
without order from them frequented those coasts, tending to 
the scorn of our nation ... to the overthrow of our trade, and 
dishonor of the government, — 

For reformation whereof, and to prevent the evils that may 
ensue, they were pleased to resolve of the sending some one 
into those parts as their Lieutenant, to regulate the estate of 
their affairs and those abuses. Hereupon my son Robert Gorges 
being newly come out of the Venetian war, was the man they 
were pleased to pitch upon, being one of the Company, and in- 
terested in a proportion of the land with the rest of the Paten- 
tees in the Bay of the Majechewsett, containing ten miles in 
breadth and thirty miles into the main land ; who, between my 
Lord Gorges and myself, was speedily sent away into the said 
Bay of Massechewset, where he arrived about the beginning of 
August following, anno 1623, that being the place he resolved 
to make his residence, as proper for the public as well as for his 



132 THE FOUNDING OF MASSACHUSETTS 

private [affairs] ; where landing his provisions and building his 
storehouses, he sent to them of New Plymouth (who by his com- 
mission were authorized to be his assistants) to come unto him, 
who willingly obeyed his order, and as carefully discharged 
their duties ; by whose experience he suddenly understood 
what was to be done with the poor means he had, believing the 
supplies he expected would follow according to the undertak- 
ings of divers his familiar friends who had promised as much. 
But they, hearing how I sped in the House of Parliament, with- 
drew themselves ; and myself and friends were wholly disabled 
to do any thing to purpose. The report of these proceedings 
with us coming to my son's ears, he was advised to return home 
till better occasion should offer itself unto him. 

52. The Beginning of Salem Colony- 
Extracts from the Brief Belation by the Reverend John White, 1630. 
For explanation of White's connection with the Company, see American 
History and Government, § 57 and note. 

The ensuing faithful and impartial narration of the first 
occasions, beginning, and progress of the whole work, is laid 
before the eyes of all that desire to receive satisfaction, by 
such as have been privy to the very first conceiving and con- 
triving of this project of planting this Colony. . . . 

About ten years since, a company of English, part out of 
the Low Countries, and some out of London and other parts, 
associating themselves into one body, with an intention to 
plant in Virginia, in their passage thither being taken short 
by the wind, in the depth of winter, the whole ground being 
under snow, were forced with their provisions to land them- 
selves m New-England, upon a small bay beyond Mattachusets, 
in the place which they now inhabit, and call by the name of 
New Plymouth. The ground being covered a foot thick with 
snow, and they being without shelter, and having amongst 
them divers women and children, no marvel if they lost some 
of their company, it may be wondered how they saved the 



THE BEGINNING OF SALEM COLONY 133 

rest. But notwithstanding this sharp encounter at the first, 
and some miscarriages afterward, yet, conceiving God's provi- 
dence had directed them unto that place, and finding great 
charge and difficulty in removing, they resolved to fix them- 
selves there; and being assisted by some of their friends in 
London, having passed over most of the greatest difficulties 
that usually encounter new planters, they began to subsist at 
length in a reasonably comfortable manner; being, notwith- 
standing, men but of mean and weak estates of themselves; 
and after a year's experience or two of the soil and inhabitants, 
sent home tidings of both, and of their well-being there, which 
occasioned other men to take knowledge of the place, and to 
take it into consideration. 

About the year 162.3, some western merchants, who had con- 
tinued a trade of fishing for cod and bartering for furs in those 
parts for divers years before, conceiving that a Colony planted 
on the coast might further them in those employments, be- 
thought themselves how they might bring that project to effect, 
and communicated their purpose to others, alleging the con- 
veniency of compassing their project with a small charge, by 
the opportunity of their fishing trade, in which they accus- 
tomed to double-man their ships, that, by the help of many 
hands, they might dispatch their voyage and lade their ship 
with fish while the fishing season lasted ; which could not be 
done with a bare sailing company. Now it was conceived that, 
the fishing being ended, the spare men that were above their 
necessary sailors, might be left behind with provisions for a 
year; and when that ship returned the next year, they might 
assist them in fishing, as they had done the former year ; and, 
in the mean time, might employ themselves in building, and 
planting corn, which, with the provisions of fish, fowl, and 
venison, that the land yielded, would afford them the chief of 
their food. This -proposition of theirs took so well, that it 
drew on divers persons to join with them in this project ; the 
rather because it was conceived, that not only their own fisher- 
men, but the rest of our nation that went thither on the same 



134 THE FOUNDING OF MASSACHUSETTS- 

errand, might be much advantaged, not only by fresh victual, 
which that Colony might spare them in time, but withal, and 
more, by the benefit of their ministers' labors, which they 
might enjoy during the fishing season; whereas otherwise, 
being usually upon those voyages nine or ten months in the 
year, they were left all the while without any means of in- 
struction at all. Compassion towards the fishermen, and 
partly some expectation of gain, prevailed so far that for the 
planting of a Colony in New England there was raised a stock 
of more than £3000, intended to be paid in in five years, but 
afterwards disbursed in a shorter time. 

How this stock was employed, and by what errors and over- 
sights it was wasted, is, I confess, not much pertinent to this 
subject in hand. Notwithstanding, because the knowledge 
there of may be of use for other mens' direction, let me crave 
leave, in a short digression, to present unto the reader's view 
the whole order of the managing of such moneys as were col- 
lected, with the success and issue of the business undertaken. 
[Here follows an account of mismanagement and losses, and 
the failure of the Company.] 

But to return to our former subject, from which we di- 
gressed. Upon the manifestation of the Western Adventurers' 
resolution to give off their work, most part of the land men, 
being sent for, returned. But a few of the most honest and 
industrious resolved to stay behind, and to take charge of the 
cattle sent over the year before; which they performed ac- 
cordingly. And not liking their seat at Cape Anne, chosen 
especially for the supposed commodity of fishing, they trans- 
ported themselves to Nahum-Keike, about four or five leagues 
distant to the south-west from Cape Anne. 

Some then of the Adventurers, that still continued their 
desire to set forward the plantation of a Colony there, conceiving 
that if some more cattle were sent over to J:hose few men left 
behind, they might not only be a means of the comfortable 
subsisting of such as were already in the country, but of 
inviting some others of their friends and acquaintance to come 



THE BEGINNING OF SALEM COLONY 135 

over to them, adventured to send over twelve kine and bulls 
more ; and, conferring casually with some gentlemen of London, 
moved them to add unto them as many more. By which 
occasion, the business came to agitation afresh in London, and 
being at first approved by some and disliked by others, by 
argument and disputation it grew to be more vulgar ; insomuch 
that some men showing some good affection to the work, and 
oifering the help of their purses if fit men might be procured 
to go over, inquiry was made whether any would be willing to 
engage their persons in the voyage. B}^ this inquiry it fell 
out that among others they lighted at last on jMaster Endecott, 
a man well known to divers persons of good note, who mani- 
fested much willingness to accept of the offer as soon as it was 
tendered; which gave great encouragement to such as were 
upon the point of resolution to set on this work of erecting a 
new Colony upon the old foundation. Hereupon divers persons 
having subscribed for the raising of a reasonable sum of money, 
a patent was granted with large encouragements every way by 
his most excellent Majesty. Master Endecott was sent over 
Governor^ assisted with a few men, and arriving in safety 
there in September, 1628, and uniting his ow^n men with those 
which were formerly planted in the country into one body, 
they made up in all not much above fifty or sixty persons. 

His prosperous journey, and safe arrival of himself and all 
his company, and <^ood report which he sent back of the country, 
gave such encouragement to the work, that more adventurers 
joining with the first undertakers, and all engaging themselves 
more deeply for the prosecution of the design, they sent over 
the next year about three hundred persons more, most servants, 
with a convenient proportion of rotherbeasts, to the number 
of sixty or seventy, or there about, and some mares and horses ; 
of which the kine came safe for the most part, but the greater 
part of the horses died, so that there remained not above 
twelve or fourteen alive. 

1 White gets the order of events wrong here. Endicott came before the 
charter was secured. 



136 THE FOUNDING OF MASSACHUSETTS 

By this time the often agitation of this affair in sundry 
parts of the kingdom, the good report of Captain Endecott's 
government, and the increase of the Colony, began to waken 
the spirits of some persons of competent estates, not formerly 
engaged. Considering that they lived either without any 
useful employment at home, and might be more serviceable in 
assisting the planting of a Colony in New England, [they] took 
at last a resolution to unite themselves for the prosecution of 
that work. And, as it usually falls out, some other of their 
acquaintance, seeing such men of good estates engaged in 
the voyages, some for love to their persons, and others upon 
other respects, united unto them ; which together made up a 
competent number, (perhaps far less than is reported,) and 
embarked themselves for a voyage to New-England, where I 
hope they are long since safely arrived [a reference to John 
Winthrop's expedition]. 

This is an impartial though brief relation of the occasion of 
planting of this Colony. The particulars whereof, if they 
could be entertained, were clear enough to any indifferent 
judgment, that the suspicious and scandalous reports raised 
upon these gentlemen and their friends, (as if, under the color 
of planting a Colony, they intended to raise and erect a sem- 
inary of faction and separation,) are nothing else but the fruits 
of jealousy of some distempered mind, or, which is worse, 
perhaps, savor of a desperate malicious plot of men ill affected 
to religion, endeavoring, by casting the undertakers into the 
jealousy of State, to shut them out of those advantages which 
otherwise they do and might expect from the countenance of 
authority. Such men would be intreated to forbear that base 
and unchristian course of traducing innocent persons under 
these odious names of Separatists and enemies to the Church 
and State, for fear lest their own tongues fall upon themselves 
by the justice of His hand who will not fail to clear the inno- 
cency of the just, and to cast back into the bosom of every 
slanderer the tilth that he rakes up to throw in other men's 



FIRST CHARTER FOR MASSACHUSETTS BAY 137 

faces. As for men of more indifferent and better tempered 
minds, they would be seriously advised to beware of entertain- 
ing and admitting, much more countenancing and crediting 
such uncharitable persons as discover themselves by their 
carriage, and that in this particular, to be men ill affected 
towards the work itself, if not to religion, at which it aims, 
and consequently unlikely to report any truth of such as 
undertake it. 

53. The First Charter for Massachusetts Bay- 
March 4/14, 1628/1629 

The text follows the copy of the charter in the 3Iassachusetts Colonial 
Records^ I, 3-19. The charter had been printed earlier (1769) in 
Hutchinson's Collections of Original Papers, but with a somewhat less 
faithful text. The document is more than usually verbose, and, if 
printed in full, it would occupy six times the space given it in this 
volume. Every grant and provision of any importance, however, is 
given or summarized in the following pages. 

[Recital of the patent of 1620 to the Council for New Eng- 
land, and the subsequent grant ^ by the Council, in March, 
1627/8, to Sir Henry Rose well and others, which grant is by 
this present charter confirmed.] 

And further know yee, That . . . Wee ... by theis 
presents doe . . . give and graunt unto the said Sir Henry 
Rose well-. Sir John Younge, Sir Richard Saltonstall, Thomas 
Southcott, John Humfrey, John Endecott, Symon Whetcombe, 
Tsaack Johnson, Samuell Aldersey, John Ven, Mathewe 
Cradock, George Harwood, Increase No well, Richard Pery, 

iThis grant included the territory granted by the New England Council to 
Gorges in 1623. This was due, no doubt, to geographical ignorance. Ferdi- 
nando Gorges (" Brief e Narration," in Mass. Hist. Soc Coll., Third Series, V, 
80), after explaining how the new Company came to ask for a grant from the 
New England Council, adds: " to which it pleased the thrice honored Lord of 
Warwick to write to me [from London], then at Plymouth, to condescend that 
a Patent might be granted. . . . Whereupon I gave my approbation so far 
forth as it might not he prejudicial to my sou Robert Gorges' interests, lohereof 
he had a patent.'" Gorges always felt that the grant to the Massachusetts 
Bay Company had worked a great injustice to his family. Cf. American 
History and Government, §§ 57. note. 61. 



138 THE FOUNDING OF MASSACHUSETTS 

Richard Bellingham, Nathaniel Wright, Samiiell Vassal!, 
Theophiliis Eaton, Thomas Goffe, Thomas Adams, John 
Browne, Samuell Browne, Thomas Hutchins, William Vassall, 
William Pinchion, and George Foxcrofte, theire heires and 
assignes, All that parte of Newe England in America which 
lyes and extendes betweene a great river there commonlie 
called Monomack river, alias Merrimack river, and a certen 
other river there called Charles river, being in the bottome of 
a certen bay there commonlie called Massachusetts, alias 
Mattachusetts, alias Massatusetts bay : And also all and sin- 
guler those landes and hereditaments whatsoever, lyeing 
within the space of three Englishe myles on the south parte of 
the saide river called Charles river, or of any or every parte 
thereof: And also all and singuler the landes and heredita- 
ments whatsoever lyeing and being within the space of three 
Englishe myles to the southward of the southernmost parte of 
the said baye called Massachusetts . . . : And also all those 
landes and hereditaments whatsoever which lye and be within 
the space of three English myles to the northward of the saide 
river called Monomack, alias Merry mack, or to the northward 
of any and every parte thereof, and all landes and heredita- 
ments whatsoever, lyeing within the lymitts aforesaide, north 
and south, in latitude and bredth, and in length and longitude, 
of and within all the bredth aforesaide, throughout the mayne 
landes there from the Atlantick and westerne sea and ocean on 
the east parte, to the south sea on the west parte : . . . [with 
mines and fisheries, to be held in free soccage, paying one- 
fifth part of gold and silver ore. Incorporation, " by the name 
of the Governor and Company of the Mattachusetts Bay in 
New England," with succession and rights at law common to 
corporations, and with a seal.] 

And wee doe hereby . . . graunte, That . . . there shalbe 
one Governor, one Deputy Governor, and eighteene Assistants 
. . . to be from tyme to tyme . . . chosen out of the freemen 
of tlie saide Company, for the tyme being, in such manner and 
forme as hereafter in theis presents is expressed. Which said 



FIRST CHARTER FOR MASSACHUSETTS BAY 139 

officers shall applie themselves to take care for the best dis- 
poseing and ordering of the generall biiysines and affaires of 
, . . the saide landes and premisses . . ., and the plantacion 
thereof, and the government of the people there. 

[Appointment of Oraddock and Goffe as first Governor and 
Deputy, and of eighteen of the others named in the opening of 
the grant as Assistants, " to continue in their offices for such 
time ... as in these presents is hereafter declared," Governor 
or Deputy to call meetings of the Company.] And that the 
said Governor, Deputie Governor, and Assistants . . . shall 
or male once every moneth, or oftener at their pleasures, as- 
semble, and houlde, and keepe a Courte or Assemblie of 
themselves, for the better ordering and directing of their 
affaires. [Seven or more Assistants, with the Governor or 
Deputy Governor, to be a sufficient Court] and that there 
shall or maie be held . . . upon every last Wednesday in 
Hillary, Easter, Trinity, and Michas termes respectivelie for 
ever, one greate, generall, and solemne Assemblie, which foure 
Generall Assemblies shalbe stiled and called the Foure Greate 
and Generall Courts of the saide Company : In all and every 
or any of which saide Greate and Generall Courts soe as- 
sembled. Wee doe . . . graunte . . . That the Governor, or, 
in his absence, the Deputie Governor . . . and such of the 
Assistants and freemen ... as shalbe present, or the greater 
nomber of them soe assembled, whereof the Governor or 
Deputie Governor and six of the Assistants, at the least to be 
seaven, shall have full power and authoritie to choose, nomi- 
nate, and appointe such and soe many others as they shall 
thinke fitt, and that shall be willing to accept the same, to be 
free of the said Company and Body, and them into the same 
to admitt, and to elect and constitute such officers as they shall 
thinke fitt and requisite for the ordering, mannaging, and 
dispatching of the affaires of the saide Governor and Company. 
And to make Lawes and Ordinances for the Good and Welfare 
of the saide Company and for the government and ordering of 
the saide Lands and Plantacion s, and the People inhabiting 



140 THE FOUNDING OF MASSACHUSETTS 

, . . the same . . . soe as such Lawes ... be not contrary 
or repugnant to the Lawes and Statutes of this our Reahn of 
England. . . . And wee doe . . . ordeyne, That yearely once 
in the yeare for ever hereafter, namely, the last Wednesday in 
Easter tearme yearely, the Governor, Deputy Governor, and 
Assistants . . . and all other officers of the saide Company 
shalbe, in the Generall Court or Assembly to be held for that 
day or tyme, newly chosen for the yeare ensueing by such 
greater parte of the said Company for the tyme being, then 
and there present, as is aforesaide. 

[Vacancies caused by the death or removal of any officer of 
the Company may be tilled by new elections. All officers are 
required to take an oath for the faithful performance of their 
duties. Permission, in the usual terms, to transport to America 
English subjects who offer themselves and who are not 
especially restrained by the King, with the usual guarantee of 
the rights of Englishmen to such emigrants and their descend- 
ants, and with the usual long clauses granting certain tariff 
privileges to the Company.] 

And that the Governor or Deputie Governor ... or either 
of them, and any two or more of such of the saide Assistants as 
may be there unto appointed . . . shall and male at all Tymes, 
and from Tyme to Tyme hereafter, have full Power and Au- 
thority to minister and give the Oathe and Oathes of Supremacie 
and Allegiance, or either of them, to all and everie Person and 
Persons which shall at any Tyme . . . pass to the Landes 
. . . hereby mencioned. . . . 

And wee doe . . . graunt . . . , That it shall ... be lawf ull 
to and for the Governor or Deputie Governor and such of the 
Assistants and Freemen of the said Company ... as shalbe 
assembled in any of their Generall Courts aforesaide, or in any 
other Courtes to be specially summoned and assembled for 
that purpose, or the greater parte of them, (whereof the Gover- 
nor or Deputie Governor and six of the Assistants, to be alwaies 
seaven,) from tyme to tyme to make, ordeine, and establishe all 
manner of wholesome and reasonable orders, lawes, statutes, 



FIRST CHARTER FOR MASSACHUSETTS BAY 141 

and ordinances, directions, and instructions not contrarie to the 
lawes of this our realme of England, aswell for setling of the 
formes and ceremonies of government and magistracy fitt and 
necessary for the said plantation and the inhabitants there, and 
for nameing and stiling of all sortes of officers, both superior 
and inferior, which they shall finde needefuU for that governe- 
ment and plantation, and the distinguishing and setting forth 
of the severall duties, powers, and lymytts of every such office 
and place, and the formes of such oathes warrantable by the 
lawes and statutes of this our realme of England as shalbe re- 
spectivelie ministred unto them, for the execution of the said 
severall offices and places, as also for the disposing and order- 
ing of the elections of such of the said officers as shalbe annu- 
all, and of such others as shalbe to suceede in case of death or 
removeall, and ministring the said oathes to the newe elected 
officers, and for impositions of lawfull fynes, mulcts, imprison- 
ment, or other lawfull correction, according to the course of 
other corporations in this our realme of England, and for the 
directing, ruling, and disposeing of all other matters and things 
whereby our said people, inhabitants there, male be soe reli- 
giously, peaceablie, and civilly governed, as their good life and 
orderlie conversation male wynn and incite the natives of [that] 
country to the knowledg and obedience of the onlie true God 
and Savior of mankinde, and the Christian fayth, which, in 
our royall intention and the adventurers free profession, is the 
principall ende of this plantation. 

AxD Wee Doe further . . . graunte to the saide . . . 
Company . . . that it may be lawful [for the Company and 
its officers] from Tyme to Tyme, and at all Tymes hereafter, 
for their speciall Defence and Safety, to incounter, expulse, 
repell, and resist by Force of Armes, as well by Sea as by 
Lande, and by all fitting Wales and Meanes whatsoever, all 
such Persons as shall at any Tyme hereafter attempt or enter- 
prise the Destruction, Invasion, Detriment, or Annoyance to 
the saide Plantation . . . [with the usual clause reserving to 
the English King the privilege of disavowing wrongful acts 



142 THE FOUNDING OF MASSACHUSETTS 

by the colony if he prefer to put it out of his allegiance, and 
icithout the usual half of the "expulse" clause relating to 
settlers who " may attempt to inhabit " in the colony without 
the permission of the Company ; provided further that other 
Englishmen may fish on the coasts of the colony ; and with 
the usual clause promising the Company the most favorable 
construction of any disputed clause.] 

[Hints for Study. — 1. — Early New England historians assumed that this 
charter gave unusual powers. A comparison with the Virginia Company 
charters of 1609 and 1612, or with the New England Council charter of 
1620, shows this assumption wholly false. Students may be asked to find 
four important powers given to those earlier corporations and not con- 
tained in this grant (noting the limited authority here in the inflictions of 
punishment, and the omission of the power to regulate settlement in con- 
nection with the usual "expulse, repel, etc.'' clause). The charter is 
not "very liberal," but very limited. This is more apparent when we 
notice that all these powers missing in this charter (or vaguely phrased 
here) reappear in the usual explicit form in the charter granted a few 
months later to the company for planting Providence Isle (No. 55, 
below). 

2. — American historians (e. g. John Fiske, in Beginnings of New Eng- 
land) have often assumed that this charter used loose language as to the 
oath of supremacy in order that the Puritans might set up their own form 
of worship. The wording, however, is practically identical with that of the 
Virginia Company charter of 1612 — from ichich unquestionably it was 
copied, with only the necessary changes of names. (Let students verify 
this statement. ) 

3. — With the overthrow of these false assumptions goes another (in 
great measure) founded upon them, — i.e. that the Puritans intended, 
when they were securing this charter, to bring it to America and use it as 
a constitution for a free state. This assumption, however, is worth fur- 
ther investigation by the student, because it offers so admirable a lesson 
in historical criticism. 

A single sentence of Governor John Winthrop's has been taken often 
as sufiBcient proof that the grantees so intended. Indeed (except for tne 
groundless assumptions of 1 and 2 above, and for the equally worthless 
consideration discussed in 4 below) there is no other evidenced Win- 

1 The very obscure sentence of Sir Ferdinando Gorges, written even later 
than Winthrop's one sentence, carries a like implication ; but it contains 



f IRST CHARTER FOR MASSACHUSETTS BAY 143 

throp states that, in drawing ujj the charter, there was at first a clause 
which would have fixed the Company in England, "and, with much 
ditiiculty, ive got it abscinded." Winthrop is high authority. But this 
sentence was written fifteen years after the event, and it is interjected 
hastily, as a parenthesis^ in a bitter controversy (Life and Letters, II, 
p. 443). It could have been only "hearsay" at the best ; since Win- 
throp did not belong to the Company until some months after the charter 
was secured (though he seems to have forgotten that for the moment 
when he says " we "). Such evidence would prove little in a law court, 
even if there were no evidence on the other side. 

But there is evidence on the other side, — abundant, conclusive, un- 
impeachable. 

(1) The abstract of the charter (docket) presented to the king by his 
legal advisors shows with absolute certainty that they and the grantor 
expected the charter powers to be exercised "here in England" (No. 54 
below). 

(2) The ofiBcial records of the Company, made at the time, declare 
explicitly that Governor Cradock's proposal to transfer the charter to 
America (five months after it was granted) was " conceived by himself." 
Further, the general tenor of those records for those five intervening 
months agree wholly with the idea that the Company then had no thought 
of leaving England (see some extracts. No. 57 below), and they contain, 
in their fifty odd pages, no single suggestion of the other sort. Most con- 
clusive of all, the Records show that even after the surprised Company 
had come to look with approval upon Cradock's proposal, they could not 
easily adjust their plans and financial interests to the new movement. 
(Advanced students will find the proof in the Records. It is impossible to 
represent them here in the necessary complete detail to show this. It 
may be added, however, that Cradock's proposal of July 28 was first 
debated, then deferred a month for secret consideration ; then debated, 
in two meetings, by assigned sets of debaters for the two sides of the 
argument; then legal advice was sought, with what result, we don't 
know ; and afterwards many plans were discussed as to how the transfer 
could be made without "prejudicing" the interests of the majority of 
the Company i . See Nos. 57, 58, for some of the evidence.) 

Of the 110 members of the Company in England, only about one 

such gross errors of chronology about external events that it can carry do 
weight at all as to motives of his adversaries (Mass. Hist. Society Collec- 
tions, Third Series, VI, 80) . 

1 Curiously, even Osgood, almost infallible in colonial history, refers only 
to Winthrop's sentence (with justifiable caution, to be sure), without any 
reference to the contrary evidence in the Records. 



144 THE FOUNDING OF MASSACHUSETTS 

fourth ever came to America. Cradock himself never came, — though he 
had lands and servants here. Most of the members, who stayed in Eng- 
land, lost all their investment eventually. Indeed, in the summer of 
1629, the Company was already in serious financial straits. A special 
inventory, in the fall, rated the stock at only one third the face value. 
This condition may have inclined some stockholders to favor Cradock's 
proposition in July. The funds paid in for stock by Winthrop and other 
new members made it possible for old members to draw out (on this re- 
duced scale) . In this sense, the new members " bought " out some of the 
old ones. 

4. — No place of meeting is suggested in the charter. This probably 
resulted from the fact that the Company was made up partly of Lon- 
doners, partly of Dorchester men (from the West of England ; cf . 
American History and Government, § 57). All such previous colonizing 
corporations for America had been designated geographically (probably 
for convenient descriptions, rather than for limitation) . But the " Council 
of Plymouth in the County of Devon" had never held a meeting at 
Plymouth : its records show that all its meetings were held at London. 
This fact may have helped to make the even more composite Massachu- 
setts Company wary about having a place of meeting mentioned in their 
fundamental law. If John Winthrop is right in his statement of fifteen 
years later (above) that such a limitation was at first put into this document 
and that ''with much difficulty we got it abscinded," then we may be 
sure that the Company desired that elision, not in order that they might 
hold meetings in America (as Winthrop afterward assumed), but to 
prevent their being hampered in England. This view is made practically 
certain when we observe the clause regarding place of meeting in the 
charter of the Providence Isle Company (below) . That company certainly 
never expected to hold its meetings out of England, but it guards against 
being hampered, not by mere silence, but by express - provision that it 
may meet where it likes,] 

54. Docket of the Massachusetts Charter, 1629 

When the king granted a charter, an exact copy, known as " the 
King's Bill," was presented to him, with a docket^ or abstract, approved 
by his Attorney-General. This docket was what the king, or his council, 
read. 

The following docket, now attached to the King's Bill of this charter 
in the London Record Office, is printed in the 3Iassachusetts Historical 
Society Proceedings for 1869-1870, pages 172-173. The italics are used 
in this reproduction to call attention to important matters. 



DOCKET OF THE MASSACHUSETTS CHARTER 145 

May it please your most Excellent Majestie. 

Whereas your Majesties most deare and royall father did, 
by his letteres Patents in the 18th yeare of his raigne, incorpo- 
rate divers noblemen and others by the name of the Coancell 
for the planting of Xew England in America and did thereby 
grant unto them all that part of America which lyeth betweene 
40 degrees of Northerly latitude and 48 inclusive, — with divers 
priviledges and immunities. ... Which said Councell have 
sithence by theire Charter in March last [1628] granted a 
part of that Continent to Sir Henrie Rose well and others, their 
heires and associates, for ever, with all jurisdiccions, rightes, 
priviledges, and commodities of the same. 

Tliis Bill conteineth your Majesties confirmacion and Grant 
to the said Sir Henry Rose well and his partners and their 
Associates and to their heires and assignes for ever of the said 
part of New England in America, with the like tenure in 
socage and reservacion of the fifth part of gould and silver 
oare, — Incorporating them also by the name of the Governor 
and Company of the Mattachusetts Bay in New England in 
America, — with such clauses for the electing of Governors 
and Officers here in England for the said Company, and powers 
to make lawes and Ordinances for setling the Governement and 
Magistracie of the plantacion there, and with such exempcions 
from Custom es and Imposicions and some [such ?] other priv- 
illedges as were originallie granted to the Councell aforesaid 
and are usuallie allowed to Corporadons in England. 

And is done by direccion from the Lord Keeper upon your 
Majesties pleasure therein signified to his Lordship by Sir 
Ralph Freeman. 

(Signed) Ri. Shilton. 



146 THE FOUNDING OF MASSACHUSETTS 



55. Excursus: For a Comparative Study of Charters 

Notes upon the Charter for the Company of Westminster for the Plantation 
of the Island of Providence 

December 4/I4, 1630 

This very important charter has never been printed. An abstract in the 
Colonial State Papers seemed so significant that the editor of this volume 
secured a complete transcript of the charter from the manuscript in the 
British Record Office. On that transcript, the notes below are based. 

The colony of Providence Isle was of little weight, and the charter of 
the proprietary Company, accordingly, has received scant attention. That 
document, however, issued twenty-one months later than that of the 
Massachusetts Bay Company, is in many ways the culmination of the 
series of grants to English corporations for colonizing purposes. All the 
powers granted to proprietaries in earlier charters, including those which 
were dropped out in the Massachusetts charter, reappear here ; and in 
some important matters there is much new detail. A study of this doc- 
ument removes the last possible basis for the claims of the older New 
England historians that the Massachusetts charter was in any peculiar 
way adapted to the purpose of a transfer to America. 

1. Puritan membership. — The incorporators comprise the Earl of 
Warwick, Lord Say and Sele, Sir Nathaniel Rich, Oliver St. Johns, and 
John Pym, — all prominent leaders of the Puritan party, more prominent 
than any Puritans in the Massachusetts Company. 

2. Sectarianism. — The Company is given the "Patronages and Ad- 
vowsons " of "all" churches and chapells, — without even a restriction 
as to the customs of the Church of England (such as is found in the 
Baltimore charter). If this provision had been in the Massachusetts 
charter, Puritan historians would have found it certain proof of an inten- 
tion to build a non-conformist state. The passage conferring authority 
to impose the oath of supremacy is copied from the charters of 1612 and 
1629. No other sectarian restriction occurs. 

3. Place of meeting. — The Company are to govern themselves and 
their settlement (as the Virginia Company of 1612 and the Massachusetts 
Bay Company) in four " General Courts " each year ; but these courts are 
to be held " in any place or places by themselves to be appointed.''' (And, 
again, the Company is authorized to hold its courts " iii any place or 



A COMPARATIVE STUDY OF CHARTERS 147 

places convenient "). Surely, this disposes of the ancient argument that 
the omission of a specific place of meeting in the Massachusetts charter 
suggests an intention to establish some place out of England. 

The facts as to a specific meeting place for a colonizing coi-poration in 
England seem to be as follows : 

a. The charter of 1606 establishes two sub-companies, which neces- 
sarily are designated geographically to distinguish one from the other; 
and the charters of 1609, 1612, and 1620 use geographical desi£.^nations, 
necessarily, to show to which one of those sub-companies they respec- 
tively apply. 

h. But the " Plymouth Council" (charter of 1620) did not regard its 
geographical designation as fixing its place of meeting, or else it found 
it necessary to ignore the restriction. All its meetings were held, not at 
Plymouth, but in London. 

c. The Massachusetts Bay Company was made up of two bodies of 
men, one from the east, one from the west of England. This fact, to- 
gether with the experience of the Plymouth Council, probably made 
them unwilling to have a place of meeting fixed in their charter. 

d. The Providence Isle charter carries this development, as suggested 
above, to its logical conclusion, permitting the Company itself to fix the 
places for its meetings. But this last Company certainly never expected 
to leave England. So the old argument from the omission of a specific 
place in the charter of the Massachusetts Company falls to the ground. 

4. Law making.— In the General Courts the Company is empowered 
"to ordaine frames of Government, ivith all things thereto incident; 
and to make reasonable lawes ... not being contrarie to the Lawes of 
this our Realme of England ... for the Government of the Com- 
pany . . . and of all Collonyes which shall be planted ... in the said 
Islands . . . and to appoint, by such title as they . . . shall thinke good, 
such . . . offices and officers ... for such Times and with such powers, 
as they shall thinke good, both for the Company here within our Realme 
of England and for the Collonies in the said Islands ... and the said 
Offices and Officers ... to alter . . . and displace, and in their places, to 
appoint others . . . and the said Lawes ... to put into execution." . . . 

5. Admiralty jurisdiction conferred. 

6. Local Government. Power to divide the territory into " Provinces, 
Counties . . . Hundreds, Mannors," or other units, and to erect and 
fortify villages, etc., and to grant letters of incorporation to towns and 
burroughs, " with all Liberties and things unto Corporations requisite and 
usual within this our Realme of England"' ; and to set up markets; 
and to constitute and appoint magistrates and all manner of officers for all 
local units, with fit legislation for them. 



148 THE FOUNDING OF MASSACHUSETTS 

7. Power of punishment to extend to " life and members," with 
authority to exercise martial law. 

8. Right to settle restricted to those having a license from the 
Company. 

9. Rights of Englishmen guaranteed to settlers and their posterity. 

10. Company to coin money (not gold or silver). 

11. Repetition of the usual privileges granted in earlier charters, and 
a " blanket clause " promising the Company '' all such Prerogatives," etc., 
as have ever been granted to any colonizing Company in England. 

56. The Massachusetts Company's Agreement with Mr. 
Higginson 

Alexander Young's Chronicles of Massachusetts (1846) , 209 ft. Young 
modernized the spelling. On March 19, at a meeting of the Company, it 
had been decided to try to secure Higginson for the coming voyage. 

A true note of the aUoivance that the New-England [3/a.9sa- 
chusetts Bay'] Company have, by common consent and order of 
their Court and Council, granted unto Mr. Francis Higginson, 
Minister, for his maintenance in New-England, April 8, 1629. 

1. — Imprimis, that 30 pounds in money shall be forthwith 
paid him by the Company's treasurer towards the charges of 
fitting himself with apparel and other necessaries for his 
voyage. 

2. — Item, that 10 pounds more shall be paid over by the 
said treasurer towards the providing of books for present 
use. 

3. — Item, that he shall have 30 pounds yearly paid him 
for three years, to begin from the time of his first arrival in 
New-England, and so to be accounted and paid him at the 
end of every year. 

4. — Item, that during the said time, the Compan}^ shall 
provide for him and his family necessaries of diet, housing 
and firewood, and shall be at charges of transporting him into 
New-England ; and at the end of the said three years, if he 
shall not like to continue there any longer, to be at the charge 
of transporting him back for England. 



THE MASSACHUSETTS COMPANY'S AGREEMENT 149 

5. — Item, that in convenient time a house shall be built, 
and certain lands allotted thereunto ; which, during his stay 
in the country, and continuance in the ministry, shall be for 
his use ; and after his death or removal, the same to be for 
succeeding ministers. 

6. — Item, at the expiration of the said three years, a hun- 
dred acres of land shall be assigned to him and his heirs 
forever. 

7. — Item, that in case he shall depart this life in that 
country, the said Company shall take care for his widow 
during her widowhood and abode in that country and Planta- 
tion ; and the like for his children whilst they remain upon 
the said Plantation. 

8. — Item, that the milk of two kine shall be appointed to- 
wards the charges of diet for him and his family as aforesaid, 
and half the increase of calves during the said three years ; 
but the said two kine, and the other half of the increase, to re- 
turn to the Company at the end of the said three years. 

9. — Item, that he shall have liberty of carrying over bedding, 
linen, brass, iron, pewter, of his own, for his necessary use dur- 
ing the said time. 

10. — Item, that if he continue seven years upon the said 
Plantation, that then a hundred acres of land more shall be 
allotted him for him and his forever. . . . 

Further,^ though it was not mentioned in the Agreement, 
but forgotten, Mr. Higginson was promised a man-servant, to 
take care and look to his things, and to catch him fish and fowl, 
and provide other things needful, and also two maid-servants, 
to look to his family. 

1 This item is added by Higginson in his written acceptance of the above 

terms. 



150 THE FOUNDING OF MASSACHUSETTS 



57. First Government in Massachusetts Bay under the Company 
in England ; April, 1629 

Becords of the Governor and Company of 3Iassachusetts Bay (1853; 
edited by Nathaniel Shurtleff), 1,861 ff. 

The early records were kept very informally, — more so +han would 
pass with a high school debating society to-day. This particular entry is 
placed by the editor far out of its chronological order, preserved as it was 
on a loose sheet of manuscript. Previous to the transfer of the Company 
to America, the records as printed would fill about one hundred pages of 
this volume. 

A generall Court, liolden at London, the 30th Day of Apr ill, 
1629, by the Governor and Company of the Mattachasetts 
Bay in New England. 

Whereas the Kings most excellent Majesty hath bin gra- 
tiously pleased to erect and establish us, by his lettres pattents, 
under the great seale of England, to bee a body corporate, en- 
tytuled the Governor and Company of the Mattachusetts Bay 
in iSTew England, and therby hath endowed us with many large 
and ample priviledges and immunities, with power to make 
good and wholsome lawes, and ordinances for the better main- 
tenance and support of the said priviiedges and for the better 
and more orderly and regular government, to bee observed in 
the prosecucion and propagacic/i of our intended voyages and 
the plantacion there, authorising us to nominate and appoint 
and select fitt persons amoungst ourselves for the managing, 
ordering, and governing of our affaires, both in England and 
in the places speyed and graunted unto us by vertue of his maj- 
estys said charter, wee have, in the prosecucion of the said 
power and authoritie given us . . . thought fitt to settle and 
establish an absolute government at our plantacion in the said 
Mattachusetts Bay in New England, which, by the vote and con- 
sent of a full and ample Court now assembled, is . . . ordered 
as followeth, viz. : — 

That thirteene of such as shalbe reputed the most wyse, 
honest, expert, and discreete persons resident upon the said 



FIRST GOVERNMENT IN MASSACHUSETTS BAY 151 

plantacion, shall from tyme to tyme, and at all tyme hereafter, 
have the sole managing and ordering of the government and 
our affaires there, who, to the best of their judgments, are to 
endeavor soe to settle the same as may make most to the glory 
of God, the furtherance and advancement of this hopeful 
plantacion, the comfort, encouragement, and future benefitt of 
us and others, the beginners and prosecutors of this soe laud- 
able a worke. The said 13 persons soe appointed to bee 
entytled by the name of the Governor and Councell of Londons 
Plantacion in the Mattachusetts Bay in New England. 

And having taken into due consideracion the meritt, worth, 
and good desert of Captain John Endecott, and others lately 
gone over from hence with purpose to resyde and continue 
there, wee have, with full consent and authoritie of this 
Court, and by ereccion of hands, chosen and elected the said 
Captain John Endecott to the place of present Governor in 
our said plantacion. 

Also, by the same power, and with the like full and free 
consent, wee have chosen and elected Mr, Francis Higgeson, 
Mr. Samuel Skelton, Mr. Francis Bright, Mr. John Browne, 
Mr. Samuel Browne, Mr. Thomas Graves, and Mr. Samuell 
Sharpe, these seaven, to bee of the said councell, and doe here- 
by give power and authoritie to the said Governor and those 
seaven to make choice of 3 others, such as they, or the greater 
nomber of them, in their discrecions, shall esteeme and con- 
ceive most fitt thereunto, to bee also of the said councell. 

And to the end that the former planters there may have noe 
just occasion of excepcion, as being excluded out of the privi- 
ledges of the Company, this Court are content, and doe order, 
by ereccion of hands, that such of the said former planters as 
are willing to live within the lymitts of our plantacion shalbe 
enabled, and are hereby authorized, to make choice of 2 such 
as they shall thinke fitt, to supply and make upp the nomber 
of 12 of the said councell, one of which 12 is, by the Governor 
and councell, or the major part of them, to bee chosen Deputie 
to the Governor for the tyme being. . . . 



152 THE FOUNDING OF MASSACHUSETTS 

It is further concluded on and ordered by this Court, that 
the said Governor, Deputie, and councell, before named, soe 
chosen and established in their severall places, shall continue 
and bee confirmed therin for the space of one whole yeare 
from and after the taking the oath, or untill such time as this 
Court shall thinke fitt to make choice of any others to succeed 
in the place or places of them or any of them. . . . 

And it is further agreed on and ordered, that the Governor 
for the tyme beeing shall have power, and is heereby author- 
ized, to call courts and meetings in places and at tymes con- 
venyent, as to his discrecion shall seeme meete, which power 
is also conferred upon the Deputie in the absence of the said 
Governor ; and the said Governor or Deputie, togeather with 
the said councell, being chosen and assembled as aforesaid, 
and having taken their oaths respectively to their severall 
places, they, or the greater nomber of them, whereof the 
Governor or Deputie to bee always one, are authorized by this 
act, grounded on the power derived from his majestys charter, 
to make, ordaine, and establish all manner of wholsome and 
reasonable lawes, orders, ordinances and constitucions, (soe as 
the same bee noe way repugnant or contrary to the lawes of 
the realme of England) for the administring of justice upon 
malefactors, and inflicting condigne punishment upon all other 
offendors, and for the furtherance and propagating of the said 
plantacion, and the more decent and orderly government of the 
inhabitants resydent there. 

[This estabhshment of a subordinate government in Massachusetts 
corresponds to the government in Virginia in 1614, perhaps, — before the 
Virginia Company granted self-government to the settlement. There is 
no hint, here, be it noted, that this arrangement was soon to be super- 
seded by the transfer of the English Company itself to America. Ten 
meetings are recorded between the one when these orders were taken 
and the one (next given here) in which that suggestion first appears.] 



XII. THE COLONY BECOMES A PURITAN 
ENTERPRISE 

58. Decision to Transfer the Charter to the Colony 

a. First Official Proposition to Transfer tlm Charter to 

America 

Eecords of the Governor and Company of Massachusetts Bay, I, 47-51. 

A Generall Court, holden for the Company of the Mattachusetts 
Bay, in New England, at Mr. Deputies House, on Tewsday, 
the 28 of July, 1629. 

Present, Mr. Spurstowe, 

Mr. Matthew Cradock, Mr. Increase Noell, 

Governor, Mr. Symon Whetcombe, 

Mr. Thomas Goff, Deputie, Mr. John Pococke, 

Mr. George Harwood, Mr. Colson, 

Treasurer, Mr. Hutchins, 

Mr. Thomas Adams, Mr. William Pinchox, 

Mr. Nathaniell Wright, Mr. Samuel Vassail, 
Mr. Theophilus Eaton, Assistants, 

Mr. Richard Perry, Mr. Thomas Hewson, 

Mr. Joseph Bradshawe, Mr. Woodgate, 

Mr. Burnell, Mr. Web, 

Mr. Rivet, Mr. Crane, Generalitie. 
Mr. Daniel Ballard, 

... [A long meeting with much business] 

And lastly, Mr. Governor read certain e proposicions con- 
ceived by himselfe, viz, that for the advancement of the plan- 
tacion, the inducing and encouraging perso)is of ivorth and 
qualitie to transplant themselves and famylyes thether,^ and for 

1 No doubt the movement that culminated in 6 below was already under 
way. 

153 



154 THE COLONY BECOMES A PURITAN ENTERPRISE 

other weighty reasons therein contained, to transferr the 
government of the plantacion to those that shall inhabite 
there, and not to continue the same in subordinacion to the 
Company heer, as it now is. This business occasioned some 
debate; but by reason of the many great and considerable 
consequences therupon depending, it was not now resolved 
upon ; but those present are desired privately and seriously to 
consider hereof, and to sett down their particular reasons in 
wryting, pro and contra, and to produce the same at the next 
Generall Court, where, they being reduced to heads and 
maturely considered of, the Company may then proceede to a 
fynall resolucion there [on] ; and in the meane tyme they are 
desired to carry this businesse secretly, that the same bee not 
divulged. 

h. The Camhrid^e Agreement 

Hutchinson's Collection of Original Papers (1709), 25, 26. Cf. 
American History and Government, §§ 58, 59. 

The True Copy of the Agreement at Cambridge, August 26, 

1629. 

Upon due consideration of the state of the Plantation now 
in hand for New-England, wherein wee whose names are here- 
unto subscribed, have engaged ourselves, and have weighed 
the greatnes of the worke in regard of the consequence, God's 
glory, and the Churches good ; as also in regard of the diffi- 
cultys and discouragements which in all probabilityes must 
be forecast upon the execution of this businesse ; Considering 
with all that this whole adventure grows upon the joynt con- 
fidence we have in each others fidelity and resolution herein, 
so as no man of us would have adventured it without assurance 
of the rest : Now, for the better encouragement of ourselves 
and others that shall joyne with us in this action, and to the 
end that every man may without scruple dispose of his estate 
and affayres as may best fit his preparation for this voyage ; 
it is fully and faithfully agreed amongst us, and every of us 



DECISION TO TRANSFER THE CHARTER 155 

doth hereby freely and sincerely promise and bind himselfe 
in the word of a christian and in the presence of God, who 
is the searcher of all hearts, that we will so really endeavour 
the prosecution of this worke, as by God's assistance, we will 
be ready in our persons, and with such of our several familyes 
as are to go with us, and such provision as we are able con- 
veniently to furnish ourselves withall, to embarke for the 
said Plantation by the first of March next, at such port or 
ports of this land as shall be agreed upon by the Companie, 
to the end to passe the seas, (under God's protection,) to in- 
habite and continue in New-England : Provided ahvays, that, 
before the last of September next, the ivhole government, together 
ivith the latent for the said Plantation, be first, by an order 
of Court, legally transferred and established to remain ivith us 
and others which shall inhabit upon the said Plantation: and 
provided also, that if any shall be hindered by such just and 
inevitable lett or other cause, to be allowed by 3 parts of four 
of these whose names are hereunto subscribed, then such 
persons, for such tymes and during such letts, to be discharged 
of this bond. And we do further promise, every one for him- 
selfe, that shall fayle to be ready through his own default by 
the day appointed, to pay for every day's default the sum of 
£3, to the use of the rest of the Companie who shall be ready 
by the same day and time. 

Richard Saltonstall, Thomas Sharpe, 

Thomas Dudley, Increase Nowell, 

William Vassall, John Winthrop, 

Nicholas West, William Pinchon, 

Isaac Johnson, Kellam Broune, 

John Humfrey, William Colburn. 

[Several of these signers did not come to America.] 



156 THE COLONY BECOMES A PURITAN ENTERPRISE 

c. Decision by the Company 

Becords of the Governor and Company of Massachusetts Bay, I, 49 ff. 

(1) A Generall Court, holden at Mr. Deputyes House, the 28 
of August, 1629. 

[Present : 25 Names given.] 

Mr. Deputie acquainted this Court, that the espetiall cause 
of their meeting was to give answere to divers gentlemen, ^ in- 
tending to goe into New England, whether or noe the chiefe 
government of the plantacion, togeather with the pattent, should 
bee settled in New England, or heere. 

Wherupon it was ordered, that this afternoone Mr. Wright, 
Mr. Eaton, Mr. Adams, Mr. Spurstowe, and such others as they 
should thinke fitt to call unto them, whether they were of the 
Company or not, to consider of arguments against the set- 
ling of the chiefe government in New England. 

And, on the other syde, Sir Richard Saltonstall, Mr. Johnson, 
Captain Venn, and such others as they should call unto them, 
to prepare arguments for the setling of the said government 
in New England ; and that tomorrow morning, being the 29th 
of August, at 7 of the clock, both sydes should meete and 
conferr and weigh each others arguments, and afterwards, at 9 
of the clock, (which is the tyme appointed of meeting for a 
General Court,) to make report therof to the whole Company, 
who then will determine this business. 

(2) A General Court, at Mr. Deputyes House, the 29th of 
August, 1629. 

This day the committees which were appointed to meete 
yesterday in the afternoone to consider of arguments pro and 
contra touching the setling of the government of the Companyes 
plantacion in New England, being according to the order of the 
last Court mett togeather, debated their arguments and reasons 

1 See h above. 



PURITAN GENTLEMEN TO SETTLE IN COLONY 157 

on both sydes ; where were present many of the Assistants and 
generalitie ; and after a long debate, Mr. Deputie put it to the 
question, as followeth : 

As many of yow as desire to have the pattent and the govern- 
ment of the plantacion to bee transferred to New England, soe 
as it may bee done legally, hold up your hands : Soe many as 
will not, hold upp your hands. 

Where, by ereccion of hands, it appeared by the generall con- 
sent of the Company, that the government and pattent should 
bee setled in New England, and accordingly an order to bee 
drawne upp. 

[This by no means settled the matter. The question arose as to how to 
protect the property rights of those stockholders who were to remain in 
England, and several meetings were devoted to consideration of various 
plans proposed.] 

59. Decision of Puritan Gentlemen to Settle in the Colony ^ 

a. Wifithrop's Argument for a Puritan Colony 

Robert Winthrop's Life and Letters of John Winthrop, I, 309 ff. 

This argument is generally ascribed to John Winthrop, and one man- 
uscript of it at least is said to be in his handwriting. The first printed 
copy was made by Hutchinson in his Collections, but from a different 
manuscript. 

Reasons to be considered for justijieinge the imdertakeres of the 
intended Plantation in New England, and for incouragiyige such 
ivhose hartes God shall move to joyne ivith them in it. 

1. — It will be a service to the Church of great consequence 
to carry the Gospell into those parts of the world, to helpe on 
the comminge of the fullnesse of the Gentiles, and to raise a 
Bulworke against the Kingdome of Ante Christ which the 
Jesuites labour to reare up in those parts. 

2. — All other churches of Europe are brought to desolation, 
and our sinnes, for which the Lord beginnes allreaddy to frowne 

1 The first document under this number should logically be a repetition of 
the Cambridge Agreement, above. 



158 THE COLONY BECOMES A PURITAN ENTERPRISE 

upon us and to cutte us short, doe threatne evill times to be 
comminge upon us, and whoe knowes but that God hath pro- 
vided this place to be a refuge for many whome he meanes 
to save out of the generall callamity ; and seeinge the Church 
hath noe place lefte to flie into but the wildernesse, what better 
worke can there be, then to goe and provide tabernacles and 
foode for her against she comes thither : 

3. — This Land groives weary of her Inhabitants, soe as man, 
ivhoe is the most pretious of all creatures, is here more vile and 
base then the earth we treade upon, and of less prise among us 
then an horse or a sheepe : masters are forced by authority to 
entertaine servants, parents to mainetaine there oune children, 
all tonnes complaine of the burthen of theire poore, though we 
have taken up many unnessisarie yea unlawfull trades to maine- 
taine them, and we use the author itie of the Law to hinder the 
increase of our people, as by urginge the Statute against Cot- 
tages, and inmates; and thus it is come to passe, that children, 
servants, and neighboures, especially if they be poore, are 
compted the greatest burthens, which if thiuges weare right 
would be the cheifest earthly blessinges. 

4. — The whole earth is the Lords garden and he hath given 
it to the Sonnes of men with a general Commission : Gen : 1 : 
28 : " Increace and multiplie, and replenish the earth and sub- 
due it," which was againe renewed to Noah : the end is double 
and naturall, that man might enjoy the fruits of the earth, and 
God might have his due glory from the creature : why then 
should we stand striving here for places of habitation, etc. 
(many men spending as much labour and coste to recover or 
keepe sometimes an acre or tuoe of Land, as would procure 
them many and as good or better in another Countrie) and in the 
meane time suffer a whole Continent as fruitfull and convenient 
for the use of man to lie waste without any improvement? 

5. — We are groune to that height of Intemperance in all 
excesse of Riott, as noe mans estate allmost will suffice to keepe 
saile with his aequalls : and he whoe failes herein, must live 
in scorne and contempt. Hence it comes that all artes and 



PURITAN GENTLEMEN TO SETTLE IN COLONY 159 

Trades are carried in that deceiptfull and unrighteous course 
as it is allmost impossible for a good and upright man to 
mainetayne his charge and live comfortablie in any of them. 

60 — The ffountaines of Learning and Religion are soe cor- 
rupted as (besides the unsupportable charge of there education) 
most children (even the best witts and of fairest hopes) are per- 
verted, corrupted, and utterlie overthroune by the multitude of 
evill examples and the licentious government of those semi- 
naries,where men straine at knatts and swallowe camells, use all 
severity for mainetaynance of cappes and other accomplyments, 
but suffer all ruffianlike fashions and disorder in manners 
[morals] to passe uncontrolled. 

h. Winthrop's Arginnent for Conving Himself to Ainerica 

John Winthrop sent the following "Considerations" relating to him- 
self to various friends for their advice. Life and Letters^ I, 327. 

Particular Considerations in the case of J : W : 

1 : It is come to that issue as (in all probabilitye) the well- 
fare of the Plantation dependes upon his goeinge, for divers 
of the Chiefe Undertakers (upon whom the reste depende) 
will not goe without him. 

2 : He acknowledges a satisfactorye callinge, outwarde from 
those of the Plantation, inwardly by the inclination of his 
oun hearte to the worke, and bothe approved by godly and 
juditious Devines (whereof some have the first interest in 
him), and there is in this the like mediate call from the Kinge, 
which was to his former imployment. 

3 : Though his means be sufficient for a comfortable sub- 
sistence in a private condition heere, yet the one halfe of them 
being disposed to his 3: elder sonnes, who are now of age, 
he cannot live in the same place and callinge with that which 
remains; his charge being still as great as before, when his 
means were double: and so if he should refuse this oppor- 
tunitye, that talent which God hath bestowed upon him for 
publike service, were like to be buried. 



160 THE COLONY BECOMES A PURITAN ENTERPRISE 

4 : His wife and suche of his children, as are come to years 
of discreation, are voluntarylye disposed to the same Course. 

5: Most of his friends (upon the former considerations) 
doe consent to his change. 

c. Decision of John Winthrop, Jr. 
John Winthrop, Jr., to his Father 
Winthrop's Life and Letters of John Winthrop, I, 306-307. 

Sir, — My humble duty remembered to you and my 
mother. . . . 

For the business of New England, I can say no other thing 
but that I believe confidently, that the whole disposition 
thereof is of the Lord, who disposeth all alterations, by his 
blessed will, to his own glory and the good of his; and, 
therefore, do assure myself, that all things shall work together 
for the best therein. And for myself, I have seen so much 
of the vanity of the world, that I esteem no more of the 
diversities of countries, than as so many inns, whereof the 
traveller that hath lodged in the best, or in the Worst, findeth 
no difference, when he cometh to his journey's end ; and I shall 
call that my country, where I may most glorify God, and 
enjoy the presence of my dearest friends. Therefore herein 
I submit myself to God's will and yours, and, with your leave, 
do dedicate myself (laying by all desire of other employments 
whatsoever) to the service of God and the Company herein, 
with the whole endeavors, both of body and mind. 

The CONCLUSIONS, which you sent down, I showed to my 
uncle and aunt, who liked them well. I think they are un- 
answerable ; and it cannot but be a prosperous action, which 
is so well allowed by the judgments of God's prophets, under- 
taken by so religious and wise worthies of Israel, and indented 
to God's glory in so special a service. 

... So, desiring your prayers and blessing, I commend you 

to the Almighty's protection, and rest Your obedient son, 

John Winthrop. 
London, August 21, 1629. 



PURITAN GENTLEMEN TO SETTLE IN COLONY 161 

d. J\rews from Jfew England, 1629 

Higginson's Belation is the name under which his New-England"* s 
Plantation is commonly quoted. Apparently he sent back the manuscript 
in the early fall (September, presumably) of 1629, some four months 
after his arrival. The little book was printed in London in 1630, but be- 
fore that time it (together with earlier letters) had had much influence in 
leading to the main Puritan migration. The selections below are taken 
from Young's Chronicles of Massachusetts, where the spelling is 
modernized. 

* * ^ * * * * 

The fertility of the soil is to be admired at, as appeareth in 
the abundance of grass that groweth everywhere, both very 
thick, very long, and very high in divers places. But it 
groweth very wildly, with a great stalk, and a broad and 
ranker blade, because it hath never been eaten with cattle, 
nor mowed with a scythe, and seldom trampled on by foot. 
It is scarce to be believed how our kine and goats, horses and 
hogs do thrive and x^rosper here, and like well of this country. 

In our Plantation we have already a quart of milk for a 
penny. But the abundant increase of corn proves this country 
to be a wonderment. Thirty, forty, fifty, sixty, are ordinary 
here. Yea, Joseph's increase in Egypt is outstripped here 
with us. Our planters hope to have more than a hundredfold 
this year. And all this while I am within compass; what 
will you say of two hundred fold, and upwards ? It is almost 
incredible what great gain some of our English planters have 
had by our Indian corn. Credible persons have assured me, 
and the party himself avouched the truth of it to me, that of 
the setting of thirteen gallons of corn he hath had increase of 
it fifty-two hogsheads, every hogshead holding seven bushels 
of London measure, and every bushel was by him sold and 
trusted to the Indians for so much beaver as was worth eighteen 
shillings ; and so of this thirteen gallons of corn, which was 
worth six shillings eight pence, he made about 327 pounds of 
it the year following, as by reckoning will appear ; where you 
may see how God blesseth husbandry in this land. There is 



162 THE COLONY BECOMES A PURITAN ENTERPRISE 

not such great and plentiful ears of corn I suppose any where 
else to be found but in this country, being also of variety of 
colors, as red, blue, and yellow, etc. ; and of one corn there 
springeth four or five hundred. I have sent you many ears of 
divers colors, that you might see the truth of it. 

Little children here, by setting of corn, may earn much 
more than their own maintenance. 

The temper of the air of New-England is one special thing 
that commends this place. Experience doth manifest that 
there is hardly a more healthful place to be found in the 
world that agreeth better with our English bodies. Many 
that have been weak and sickly in Old England, by coming 
hither have been thoroughly healed, and grown healthful and 
strong. For here is an extraordinary clear and dry air, that 
is of a most healing nature to all such as are of cold, melan- 
choly, phlegmatic, rheumatic temper of body . . . and therefore 
I think it is wise course for all cold complexions to come to 
take physic in New-England ; for a sup of New-England's air 
is better than a whole draught of Old England's ale. 

60. Early Attitude of the Puritan Colony to the Church of 
England 

It is certain that the Puritans did not expect, at first, to separate so far 
and so definitely from the Church of England as they very soon did sepa- 
rate. On this, cf. American History and Government^ § 82, and observe 
also, besides a and h below, passages in No. 52, close, and No. 62 c, close. 

a. Winthrop's Farewell Letter to the Church of England 

April 7/17, 1630 

Hutchinson's Massachusetts Bay, Appendix I (1769). About two 
thirds the letter is here reproduced. Winthrop is supposed to be the au- 
thor. 

THE HUMBLE REQUEST of his Majesties Loyall Subjects, 
the Governour and the Company late gone for New England; for 
the ohtaiiihig of their Prayers, and the Removall of Suspicions 
and Misconstructions of their Litentions. 



EARLY ATTITUDE OF THE PURITAN COLONY 163 

. . . And howsoever your Charitie may have met with some 
Occasion of Discouragement through the Misreport of our In- 
tentions, or through the Disaffection or Indiscretion of some of 
us, or rather amongst us : for we are not of those who dreame 
of Perfection in this World 5 yet wee desire you would be pleased 
to take Notice of the Principals and Body of our Company, as 
those who esteeme it our honour to call the Church of England, 
from whence wee rise, our deare Mother ; and cannot part from 
our native Countrie, where she specially resideth, without much 
Sadness of Heart, and many Tears in our Eyes, ever acknowledg- 
ing that such Hope and Part as we have obtained in the com- 
mon Salvation, we have received in her Bosome, and suckt it 
from her Breasts : wee leave it not therefore as loathing that 
milk wherewith we were nourished there, but blessing Cod for 
the Parentage and Education, [and] as Members of the same 
Body, [we] shall alwaies rejoice in her Good, and unfeignedly 
grieve for any Sorrow shall ever betide her, and while we have 
Breath, sincerely desire and indeavour the Continuance and 
Abundance of her Welfare, with the Inlargement of her Bounds 
in the Kingdome of Christ Jesus. 

Be pleased therefore, Reverend Fathers and Brethren, to 
helpe forward the Worke now in Hand ; which if it prosper, you 
shall be the more glorious. [A fervent request for prayers.] . . . 

What Goodness you shall extend to us in this or any other 
Christian Kindnesse, wee, your Brethren in Christ Jesus, shall 
labor to repay . . . promising, so farre as God shall enable us, 
to give him no Rest on your Behalfes, wishing our Heads and 
Hearts may be Fountains of Tears for your everlasting Wel- 
fare, when we shall bee in our poor Cottages in the Wildernesse 
. . . And so commending you to the Grace of God in Christ, 
wee shallever rest. 

Your assured Friends and Brethren, 

From Yarmouth, aboard 
the Arabella, April 7, 1630. 

John Winthrop, Gov. [and six other signatures]. 



164 THE COLONY BECOMES A PURITAN ENTERPRISE 



b. Opinion of Captain John Smith, 1630 

Smith's Worlcs (Birmingham edition), 926, 958. 

The following passages come from the introduction to Smith's "Path- 
way to the Inexperienced," his last pamphlet, written in 1631, to sup- 
port the Massachusetts Bay Colony. Smith wrote at the home of a 
brother of John Winthrop's first wife, and seems to have been well ac- 
quainted with the Puritan leaders. 

Pardon me if I offend in loving that [which] I have cherished 
truly, by the losse of ray prime fortunes, raeanes, and youth. If 
it over-glad me to see Industry her selfe adventure now to make 
use of my aged ende[a]vours, 7?o^ 6?/ .s»c/i {I hope) as rumour 
doth report, a many of discontented Brounists, Anabaptists, 
Papists, Puritans, Separatists, and such factious Humorists : for 
no such they ivill suffer among them, if knowne, as many of the 
chief e of them {John Winthrop etc.) have assured mee ; and the 
much conferences I have had ivith many of them, doth confidently 
perswade me to write thus much in their behalfe. . . . 

They have . . . God's true Religion (they say) taught 
amongst themselves, the Sabbath day observed, the common 
Prayer (as I understand) and Sermons performed, and diligent 
catechising . . . and commendable good orders to bring those 
people [natives] with whom they have to deale . . . into a 
Christian conversation . . . which done, in time, . . . may 
grow a good addition to the Church of England. 

[Smith evidently had some doubts on the matter, as his parenthetical 
expressions show. But he had confidence enough to dedicate this booklet 
to the two Archbishops of Canterbury and York.^ 

61. Political Principles of the Puritans 

From John Calvin's Institutes (1559 ; translation of 'ISIS, III, 
517-551). 

a. [Attempt to justify a union of church and state] 

III. — Nor let anyone think it strange that I refer to human 
polity the due maintenance of religion ... I do not allow 



POLITICAL PRINCIPLES OF THE PURITANS 165 

men to make laws respecting religion and the worship of God 
. . . though I approve of ci\dl government which provides 
that the true religion, . . . contained in the law of God, be 
not violated and pointed. 

h. {.Of the parts of government and the supremacy of 

magistrates'] 

These are three. The Magistrate, who is the guardian and 
conservator of the laws : The Laws, according to which he 
governs : The People, who are governed by the laws, and obey 
the magistrate. . . . 

IV. — The Lord hath not only testified that the function of 
magistrates has his approbation and acceptance, but hath 
eminently commended it to us, by dignifying it with the most 
honourable titles. . . . This is just as if it had been affirmed, 
that the authority possessed by kings and other governors over 
all things upon earth is not a consequence of the perverseness 
of men, but of the providence and holy ordinance of God. . . . 

VII. — Those who are not restrained by so many testimonies 
of Scripture, but still dare to stigmatize this sacred ministry 
[magistrates] as a thing incompatible w^tli religion and Chris- 
tian piety, do they not offer an insult to God himself, who 
cannot but be involved in the reproach cast upon his ministry ? 
And in fact they do not reject magistrates, but they reject God, 
"that he should not reign over them." . . . 

VIII. — And for private men, who have no authority to de- 
liberate on the regulation of any public affairs, it would surely be 
a vain occupation to dispute which would be the best form of 
government in the place where they live. . . . Indeed if these 
three forms of government, which are stated by philosophers 
[Monarchy, Aristocracy, and Democracy], be considered in 
themselves, I shall by no means deny, that either aristocracy 
or a mixture of aristocracy and democracy far excell all 
others ; and that indeed not of itself, but because it very 



166 THE COLONY BECOMES A PURITAN ENTERPRISE 

rarely happens that kings regulate themselves so that their 
will is never at variance with justice and rectitude; or in the 
next place, that they are indued with such penetration and 
prudence, as in all cases to discover what is best. The vice 
or imperfection of men therefore renders it safer and more 
tolerable for the government to be in the hands of many, that 
they may afford each other mutual assistance and admonition, 
and that if any one arrogate to himself more than is right, 
the many may act as censors and masters to restrain his 
ambition. . . . But if those, to whom the will of God has as- 
signed another form of government, transfer this to themselves 
so as to be tempted to desire a revolution, the very thought will 
be not only foolish and useless, but altogether criminal. . . . 

XIV. — From the magistracy we next proceed to the laws, 
which are the strong nerves of civil polity, or, according to 
an appellation which Cicero has borrowed from Plato, the 
souls of states, without which magistracy cannot subsist. 

XXII. — The first duty of subjects towards their magistrates 
is to entertain the most honourable sentiments of their func- 
tion, which they know to be a jurisdiction delegated to them from 
God, and on that account to esteem and reverence them as 
GocVs ministers and vicegerents. Tor there are some persons 
to be found, who shew themselves very obedient to their 
magistrates, and have not the least wish that there were no 
magistrates for them to obey, because they know them to be 
so necessary to the public good ; but who, nevertheless, con- 
sider the magistrates themselves as no other than necessary 
evils. But something more than this is required of us by 
Peter, when he commands us to "honour the king;" and by 
Solomon when he says, " Fear thou the Lord and the King : " 
for Peter, under the term honour, comprehends a sincere and 
candid esteem ; and Solomon, by connecting the king with 
the Lord, attributes to him a kind of sacred veneration and 
dignity. . . . The obedience which is rendered to princes and 



POLITICAL PRINCIPLES OF THE PURITANS 167 

magistrates is rendered to God, from whom they have received 
their authority. 

XXIII. — Hence follows another duty : that, with minds 
disposed to honour and reverence magistrates, subjects approve 
their obedience to them, in submitting to their edicts, in paying 
taxes, in discharging public duties and bearing burdens which 
relate to the common defence, and in fulfilling all their other 
commands. . . . For, as it is impossible to resist the magistrate 
without, at the same time, resisting God himself, though an un- 
armed magistrate may seem to be despised with impunity, yet 
God is armed to inflict exemplary vengeance on the contempt 
offered to himself. Under this obedience I also include the 
moderation which private persons ought to prescribe to them- 
selves in relation to public affairs, that they do not, without 
being called upon, intermeddle with affairs of state, or rashly 
intrude themselves into the office of magistrates, or undertake 
any thing of a public nature. If there be anything in the 
public administration which requires to be corrected, let them 
not raise any tumults, or take the business into their own 
hands, which ought to be all bound in this respect, but let 
them refer it to the cognizance of the magistrate, who is alone 
authorized to regulate the concerns of the public. 

XXV. — But, if we direct our attention to the word of God, 
it will carry us much further; even to submit to the govern- 
ment, not only of those princes w4io discharge their duty to 
us with becoming integrity and fidelity, but of all who possess 
the sovereignty, even though they perform none of the duties of 
their function. For though the Lord testifies that the magis- 
trate is an eminent gift of his liberality to preserve the safety 
of men, and prescribes to magistrates themselves the extent 
of their duty ; yet he, at the same time, declares, that what- 
ever be their characters, they have their government only from 
him ; that those who govern for the public good are true 
specimens and mirrors of his beneficence ; and that those who 



168 THE COLONY BECOMES A PURITAN ENTERPRISE 

rule in an unjust and tyrannical numner are raised up by him 
to punish the iniquity of the people ; that all equally possess 
that sacred majesty which he hath invested with legitimate 
authority. . . . 

XXIX. — But it will be said, that rulers owe mutual 
duties to their subjects. That I have already confessed. But 
he who infers from this that obedience ought to be rendered to 
none but just rulers, is a very bad reasoner. For husbands owe 
mutual duties to their wives, and parents to their children, 
Now, if husbands and parents violate their obligations, if 
parents conduct themselves with discouraging severity and 
fastidious moroseness towards their children, whom they 
are forbidden to provoke to wrath : if husbands despise and 
vex their wives, whom they are conunanded to love and to 
spare as the weaker vessels ; does it follow that children 
should be less obedient to their parents; or wives to their 
husbands ? They are still subject, even to those who are 
wicked and unkind. . . . 

XXXII. — But in the obedience which we have shewn to 
be due to the authority of governors, it is always necessary 
to make one exception, and that is entitled to our first atten- 
tion, that it do not seduce us from obedience to him, to whose 
will the desires of all kings ought to be subject, to whose 
decrees all their commands ought to yield, to whose majesty 
all their scepters ought to submit. . . . 

62. Early Hardships and Religious Matters, 1630-1631 

a. Extracts from IVijitJirop's '' History of JVeiu England'' 

John Winthrop, leader of the great Puritan migration of 1630, while 
on board ship, began a "Journal," which gradually merged into a great 
contemporary "History." The work was printed first in 1790. A better 
edition appeared in 1853; and, that edition having long been "out of 
print," the work was reedited by Dr. James K. Ilosmer in 1907 
("Original Narratives" Series). The spelling and punctuation have 
been modernized in all these editions. 



EARLY HARDSHIPS AND RELIGIOUS MATTERS 169 

(1; [_The Voyage.'] 

April 6, 1630. [Eight days on board, but still delayed at 
Yarmouth in the P^nglisPi Channel] . . . 

Our cajjtain called over our landmen, and tried them at their 
muskets, and such as were good shot among them were enrolled 
to serve in the ship, if occasion should be. 

The lady ArVjella^ and the gentlewomen, and ^li. Johnson 
and some others went on shore to refresh themselves. . . . 

Thursday, 8. . . . The wind continued N. [blank] with fair 
weather, and after noon it calmed, and we still saw those eight 
ships to stand towards us ; having more wind than we, they 
came up apace, so as our captain and the masters of our con- 
sorts were more occasioned to think they might be Dunkirkers,'' 
(for we were told at Yarmouth, that there were ten sail of 
them waiting for us ;) whereupon we all prepared to fight with 
them, and took down some cabins which were in the way of 
our ordnance, and out of every ship were thrown such bed 
matters as were subject to take fire, and we heaved out our 
long boats, and put up our waste cloths, and drew forth our 
men, and armed them with muskets and other weapons, and 
instruments for fireworks ; and for an experiment our captain 
shot a ball of wild-fire fastened to an arrow out of a cross-bow, 
which burnt in the water a good time. The lady Arbella and 
the other women and children were removed into the lower 
deck, that they might be out of danger. All things being 
thus fitted, we went to prayer upon the upper deck. It was 
much to see how cheerful and comfortable all the company 
appeared ; not a woman or child that showed fear, though all 
did apprehend the danger to have been great, if things had 
proved as might well be expected, for there had been eight 
against four, and the least of the enemy's ships were reported 



1 Observe the setting off of this "lady" from the women of the gentry 
families. A like sequence occurs below. Hawthorne's Grandfather's Chair 
has acquainted all young people with the story of Lady Arbella. 

2 Dunkirk was held by Spain, with whom England was still practically at 
war. Ships from Dunkirk preyed upon English commerce in the Channel. 



170 THE COLONY BECOMES A PURITAN ENTERPRISE 

to carry thirty brass pieces ; but our trust was in the Lord of 
Hosts ; and the courage of our captain, and his care and dili- 
gence, did much encourage us. [The fleet prove to be friends.] 

Saturday, 10. . . . This day two young men, falling at odds 
and fighting, contrary to the orders which we ^ had published 
and set up in the ship, were adjudged to walk upon the deck 
till night with their hands bound behind them, which accord- 
ingly was executed ; and another man, for using contemptuous 
speeches in our ^ presence, was laid in bolts till he submitted 
himself, and promised open confession of his offence. 

Lord's day, [May] 2. The tempest continued all the day, 
with the wind W. and by N., and the sea raged and tossed us 
exceedingly ; yet, through G-od's mercy, we were very com- 
fortable, and few or none sick, but had opportunity to keep 
the Sabbath, and Mr. Phillips preached twice that day. . . . 

Friday, 21. ... A servant of one of our company had bar- 
gained with a child to sell him a box worth 3d. for three 
biscuit a day all the voyage, and had received about forty . . . 
We caused his hands to be tied np to a bar, and hanged a 
basket, with stones, about his neck, and so he stood for two 
hours. 

(2) [Early Religious Practices.'] 

July 27. We, of the congregation [at Boston] kept a fast, 
and chose Mr. W^ilson our teacher,^ and Mr. Nowell an elder, 
. . . We used imposition of hands, but with this protestation 
by all, that it was only as a sign of election and confirmation, 
not of any intent that Mr. AVilson should renounce his ministry 
that he received in England.^ 

1 Winthrop uses the official plural, for the dignity of his office. The first 
person was soon discarded for the third. 

2 Two ministers, a teacher and a, pastor, were customary. The differences 
in duties were not very important. 

3 But cf . the entry for November 22, 1632, when no such protestation is 
made: "A fast was held by the congregation of Boston, and Mr. Wilson 

(formerly their teacher) was chosen pastor and Oliver a ruling elder ; and 

both loere ordained by imposition of hands." This illustrates the gradual 
tendency to separate from the Church of England. 



EARLY HARDSHIPS AND RELIGIOUS MATTERS 171 

[1631. April 12.] 

At a court holden at Boston, (upon information to the 
governour that they of Salem had called Mr. Williams to the 
office of a teacher), a letter was written from the court to Mr. 
Endecott to this effect : That whereas Mr. Williams had refused 
to join with the congregation at Boston, because they would 
not make a public declaration of their repentance for having 
communion with the churches of England while they lived 
there ; and, besides, had declared his opinion, that the magis- 
trate might not punish the breach of the Sabbath, nor any 
other offence, as it was a breach of the first table ; therefore, 
they marvelled they would choose him without advising with 
the council ; and withal desiring him [Endicott] that they 
would forbear to proceed till they had conferred about it. . . . 

h. Winthrop's Letters 

John Winthrop from New England to his Wife, ] 
September 9/19, 1630 

Winthrop's Life and Letters of John Winthrop, II, 48-49 and 53-55. 

My Dear Wife, — The blessing of God all-sufficient be 
upon thee and all my dear ones with thee forever. 

I praise the good Lord, though we see much mortality, sick- 
ness and trouble, yet (such is his mercy) myself and children, 
with most of ray family, are yet living, and in health, and enjoy 
prosperity enough, if the affliction of our brethren did not hold 
under the comfort of it. The lady Arbella is dead, and good 
Mr. Higginson, my servant, old Waters of Neyland, and many 
others. Thus the Lord is pleased to humble us : yet he mixes 
so many mercies with his corrections, as we are persuaded he 
will not cast us off, but, in his due time, will do us good, accord- 
ing to the measure of our afflictions. He stays but till he hath 
purged our corruptions, and healed the hardness and error of our 
hearts, and stripped us of our vain confidence in this arm of flesh, 
that he may have us rely wholly upon himself. 



172 THE COLONY BECOMES A PURITAN ENTERPRISE 

The French ship, so long expected, and given for lost, is now 
come safe to us, about a fortnight since, having been twelve weeks 
at sea ; and yet her passengers (being but few) all safe and well 
but one, and her goats but six living of eighteen. So as now 
we are somewhat refreshed with such goods and provisions as 
she brought, though much thereof hath received damage by 
wet. I praise God, we have many occasions of comfort here, 
and do hope, that our days of affliction will soon have an end 
and that the Lord will do us more good in the end than we 
could have expected, that will abundantly recompense for all 
the trouble we have endured. Yet we may not look for great 
things here. It is enough that we shall have heaven, though 
we should pass through hell to it. We here enjoy God and 
Jesus Christ. Is not this enough ? What would we have more ? 
I thank God, I like so well to be here, as I do not repent my 
coming ; and if I were to come again, I would not have altered 
my course, though I had foreseen all these afflictions. I never 
fared better in my life, never slept better, never had more con- 
tent of mind, which comes merely of the Lord's good hand; for 
we have not the like means of these comforts here which we 
had in England. But the Lord is all-sufficient, blessed be 
his holy name. If he please, he can still uphold us in this 
estate ; but, if he shall see good to make us partakers with 
others in more affliction, his will be done. He is our God, and 
may dispose of us as he sees good. 

I am sorry to part with thee so soon, seeing we meet so sel- 
dom, and my much business hath made me too oft forget Mon- 
days and Fridays. I long for the time, when I may see thy 
sweet face again, and the faces of my dear children. But I 
must break off, and desire thee to commend me kindly to all 
my good friends, and excuse my not writing at this time. If God 
please once to settle me, I shall make amends. . . . The 
good Lord bless thee and all our children and family. So I 
kiss my sweet wife and my dear children, and rest 
Thy faithful husband, 

Jo. WiNTHKOP. 



EARLY HARDSHIPS AND RELIGIOUS MATTERS 173 

I would have written to Maplestead, if I had time. Thou 
must excuse me, and remember me kindly to them all. 

This is the third letter I have written to thee from New Eng- 
land. 

[November 29/December 9, 1630.] 

. . . Thou shalt understand by this, how it is with us 
since I wrote last, (for this is the third or fourth letter I have 
written to thee since I came hither,) that thou mayest see the 
goodness of the Lord towards me, that, when so many have 
died and so many yet languish, myself and my children are yet 
living and in health. Yet I have lost twelve of my family,^ 
viz. Waters and his wife, and two of his children : Mr. Gager and 
his man : Smith of Buxall and his wife and two children : the 
wife of Taylor of Haverill and their child : my son H. makes 
the twelve. And, besides many other of less note, as Jeff. Rug- 
gle of Sudbury, and divers others of that town, (about twenty,) 
the Lord hath stripped us of some principal persons, Mr. John- 
son and his lady, Mr. Rossiter, IMrs. Phillips, and others un- 
known to thee. We conceive, that this disease grew from ill 
diet at sea, and proved infectious. I write not this to discourage 
thee but to warn thee and others to provide well for the sea, and, 
by God's help, the passage will be safe and easy, how long 
soever. Be careful (I entreat thee) to observe the directions in 
my former letters ; and I trust that that God, who hath so gra- 
ciously preserved and blessed us hitherto, will bring us to see the 
faces of each other with abundance of joy. My dear wife, we 
are here in a paradise. Though we have not beef and mutton 
etc., yet (God be praised) we want them not ; our Indian corn 
answers for all. Yet here is fowl and fish in great plenty. I 
will here break off, because I hope to receive letters from thee 
soon, and to have opportunity of writing more largely. I will 
say nothing of my love to thee, and of my longing desires 
towards thee. Thou knowest my heart. Neither can I men- 

iThis is an old use of the word family, to include Winthrop's many depend- 
ents, even married servants. 



174 THE COLONY BECOMES A PURITAN ENTERPRISE 

tion salutatioDs to my good friends, other than in general. In 
my next, I hope to snpply all. Now the Lord, our good God, 
be with thee and all my children and company with thee. Grace 
and peace be with you all. So I kiss my sweet wdfe and all my 
dear children, and bless you in the Lord. Farewell, 

Thy faithful husband, Jo. Wixthrop. 

c. Thomas Dudley to the Countess of Lincoln 
March, 1631 

Force's Historical Tracts (1638), 11, No. 4. 

To the riglite JionourabJe, my very good Lady, 
the Lady Brydget, Countesse of Lincoln 

Your letters (which are not common or cheape) following 
mee hether into New-England, and bringeing with them re- 
newed testimonies of the accustomed favours you honoured 
me with in the old, have drawne from mee this narrative ret- 
ribucion (which in respect of your proper interest in some 
persons of great note amongst us)^ was the thankfullest present 
I had to send over the seas. Therefore I humblie intreat your 
honour this bee accepted as payment from him, who neither 
hath nor is any more than your honours old thankful servant, 

Thomas Dudley. 
Boston in New England, 

March 12th 1630 [March 22, 1631]. 

[A narrative of the beginnings of the colony, through the 
sending of Higginson's company in the spring of 1629.] 

Theis by their too large comendacions of the country . . . 
invited us soe strongly to goe on that Mr. Wenthropp of 
Soffolke (who is w^ell knowne in his owne country and well 
approved heere for his pyety, liberality, wisdome, and gravity) 
comeing into us, wee came to such resolution that in April, 
1630, wee sett sail from Old England with 4 good shipps. 
And in May following, 8 more followed, 2 haveing gone be- 

1 The Lady Arbella was of the house of Lincoln. 



EARLY HARDSHIPS AND RELIGIOUS MATTERS 175 

fore in February and March, and 2 more following in June 
and August besides another set out by a private merchant. 
Theis 17 Shipps arrived all safe . . . but made a long, a 
troublesome, and a costly voyage. . . . Our four shipps which 
set out in Aprill arrived here in June and July, wheere we 
found the colony in a sadd and unexpected condicion ; above 
80 of them beeing dead the winter before and many of those 
alive, weake and sicke ; all the corne and bread amongst them 
all hardly sufficient to feed them a fortnight, insoemuch that 
the remainder of 180 servants wee had the 2 years before sent 
over, comeing to us for victualls to sustaine them, wee found 
ourselves wholly unable to feed them . . . whereupon necessity 
enforced us, to our extreme loss, to give them all libertie, who 
had cost us about 16 or 20 pounds a person furnishing and 
sending over. But bearing theis things as we might, wee be- 
ganne to consult of the place of our sitting downe: for Salem, 
where wee landed, pleased us not. [They decide upon six new 
settlements, besides the already established Salem and Charles- 
town.] This dispersion troubled some of us ; but helpe it wee 
could not, wanting ability to remove to any place fit to build a 
towne upon, and the time too short to deliberate longer, least 
the winter should surprise us before we had builded our 
houses. ... So, ceasing to consult further for that time, they 
who had health to labour fell to building, wherein many were 
interrupted with sicknes, and many dyed weekely, yea almost 
dayley. . . . Insomuch that the shipps being now uppon 
their returne . . . there was, as I take it, not much less than 
an hundred, (some think many more) partly out of dislike of 
our government which restrained and punished their excesses, 
and partly through fear of famine (not seeinge other means 
than by their labour to feed themselves), which returned back 
againe. And glad were wee so to bee ridd of them. Others 
also, afterwards hearing of men of their owue disposition 
which were planted at Piscataway, went from us to them ; 
whereby though our numbers were lessened, yet wee accounted 
ourselves nothing weakened by their removall. 



176 THE COLONY BECOMES A PURITAN ENTERPRISE 

Before the departure of the shipps, wee contracted with 
Mr. Peirce, Mr. [Master] of the Lyon ... to returne to us 
with speed with fresh supplies of victualls. . . . 

The shipps beeinge gone, victualls wastinge, and mortality 
increasinge, wee held diverse fasts in our severall congrega- 
tions, but the Lord would not yet bee depricated [A long list 
of deaths] And of the people who came over with us . . . 
[from Aprill to December] there dyed by estimacion about 
200 at the least. . . . 

If any come hether to plant for worldly ends, that canne 
live well at home, liee comits an errour of which hee will soon 
repent him. But if for spirittuall, and that noe particular 
obstacle hinder his removeall, he may finde here what may 
well content him : viz., materialls to build, fewell to burn, 
ground to plant, seas and rivers to ffish in, a pure ayer to 
breath in, good water to drinke till wine or beare canne be 
made, — which, toegether with the cowes, hoggs, and goates 
brought hether all ready, may suffice for food ; for as for foule 
and venison, they are dainties here as well as in England. 
Ffor cloaths and beddinge they must bringe them with them, 
till time and industry produce them here. In a word, wee 
yett enjoy little to bee envyed, but endure much to bee pytyed 
in the sicknes and mortalitye of our people. And I do the 
more willingly use this open and plaine dealinge, least other 
men should fall short of their expectations when they come 
hether, as wee to our great prejudice did, by means of letters 
sent us from hence into England, wherein honest men, out of 
a desire to draw over others to them, wrote somewhat hyper- 
bolically of many things here. If any godly men out of reli- 
gious ends will come over to helpe us ... I thinke they can- 
not dispose of themselves or their estates more to Gods glory 
. . . but they must not bee of the poorer sort yett for diverse 
yeares. Ffor we have found by experience that they have 
hindered, not furthered the worke. And for profaine and 
deboshed persons, their oversight in comeinge hether is 
wondered at, where they shall finde nothing to content them. 



EARLY HARDSHIPS AND RELIGIOUS MATTERS 177 

If there bee any endued with grace and furnished with meanes 
to feed themselves and theirs for 18 months, and to build and 
plant, — lett them come into our Macedonia to helpe us. 

[Record of disasters ; the return of the Lyon] . . . Also, to 
increase the heape of our sorrous, wee received advertisement 
by letters from our friends in England and by the reports of 
those who came hether in this shipp to abide with us . . . 
that those who went discontentedly from us last yeare, out of 
their evill affections towards us, have raised many false and 
scandelous reports against us, affirminge us to be Brounists in 
religion and ill affected to our state at home, and that theis 
vile reports have wonne creditt with some who formerly wished 
us well. But wee doe desire, and cannot but hope, that wise 
and impartiall men will at length consider that such malcon- 
tents have ever pursued this manner of casting dirt to make 
others seeme as fowle as themselves, and that our godly 
friends to whom wee have ben knowne will not easily believe 
that wee are soe soon turned from the profession wee soe long 
have made in our native Country. And for our further 
clearing, I truely affirme that I know noe one person who 
came over with us the last yeare to bee altered in his judgment 
and affection eyther in ecclesiasticall or civill respects since 
our comeinge hether ; but wee doe continue to pray day ley for 
our soveraigne lord the Kinge, the Queene, the Prince, the 
royal blood, the counsaile, and the whole state, as dutye bindes 
us to doe and reason persuades others to believe. For how 
ungodly and uuthankfull should wee be if wee should not 
thus doe . . . Lett our friends therefore give no creditt to 
such malicious aspersions, but bee more ready to answer for 
us than wee heare they have bene. Wee are not like those 
which have dispensation to lye. . . . 



XIII. DEVELOPMENT OF DEMOCRACY, 1630-1644 

63. The Oligarchic Usurpation 

Becords of the Governor and Company of Massachusetts Bay, I (under 
dates given). Cf. Introduction to No. 57. 

(1) [_TM First Court of Assistants, Charlestown, August 23/ 

September 2, 16S0.'\ 

... It was ordered that the Governor and Deputy Governor, 
for the tyme being, shall alwaies be justices of the peace, and 
that Sir Rich : Saltonstall, Mr. Johnson, Mr. Endicott, and 
Mr. Ludlowe shalbe justices of the peace for the present tyme, 
in all things to have like power that justices of the peace hath 
in England for reformacion of abuses and punishing of 
offenders ; and that any justice of the peace may imprison an 
offender, but not inflict any corporall punishment without the 
presence and consent of some one of the Assistants.^ 

(2) lOctoher 19/29, 16S0.^ 

A General Court, liolden ait Boston. 
[The first General Court in America.] 

Present, The Governor [Winthrop'] Capt. Endicott 

Deputy Governor [^Dudley'] Mr. Nowell 

Sir Richard Saltonstall Mr. Pinchon 

Mr. Ludlowe Mr. Bradstreete 

[all magistrates] 

Eor establishinge of the government. It was pro})ounded 
if it were not the best course that the ffreemen shoukl have 
the power of chuseing Assistants, when there are to be chosen, 

iHad the Assistants legal right, under tlie charter, to appoint such otticers 
and detine their powers? It is \Yorthy of note, that, Nov. oO/Dec 9, IG.SO, Sir 
Richard Saltonstall was " fyned V£ for whipping 2 severall persons without 
the presence of another Assistant, contrary to an act of Court formerly made." 

178 



THE OLIGARCHIC USURPATION 179 

and the Assistants from amongst themselves to chuse a 
Governor and Deputy Governor, whoe with the Assistants 
should have the power of makeing lawes and chuseing officers 
to execute the same. This was fully assented unto by the 
generall vote of the people and ereccion of hands. 

[Two charter provisions are here violated. The italicized clause was 
further explained the next May by another unconstitutional decree of the 
Assistants making themselves life-ofl&cers, unless removed for cause 
((4) below). 

There were present, qualified to vote, the eight magistrates named 
above, and certainly not more than one or two other " freemen," — 
probably no one except the Assistants. The "people" referred to in the 
final sentence were probably the 109 men who came to this Court to ask 
to be admitted "freemen." Apparently they were asked, in turn, 
whether they would agree to this new law ; and (not knowing the charter 
rights of freemen, anyway) they consented. Even so, they were not 
admitted until May of the next year. Cf. American History and 
Government., § 62.] 

(3) \_Marcli 8/18, 1630/31.'] 

Att a Court [of Assistants] att Waterton 

. . . Further, (in regard the number of Assistants are but 
fewe ; and some of them goeing for England,) it was therefore 
ordered that whensoever the number of Assistants resident 
within the ly mitts of this jurisdiccion shalbe fewer than 9, 
it shalbe lawfull for the major parte of them to keepe a Court, 
and whatsoever orders or acts they make shalbe as legall and 
authenticall as if there were the full number of 7 or more. . . . 

[Queries : What charter provision did this law " violate " ? Why did 
not the government instead increase the number of Assistants toward the 
number prescribed in the charter ?] 

(4) [May 18/28, 1631.] 

A General Court, Jiolden att Boston 

[Old governor and deputy reelected.] 

For explanacion of an order made the last Generall Court . . . 
it was ordered no we, with full consent of all the commons 



180 DEVELOPMENT OF DEMOCRACY 

then present, that once in every yeare, att least, a Generall 
Court shalbe holden ; att which Court it shalbe lawfull for 
the commons to propound any . . . persons whom they shall 
desire to be chosen Assistants [provision for voting on such 
new nominations by "poll," — vive-voce]. The like course 
[q; voting'] to be holden ivhen they, the said commons, shall see 
cause for any defect or misbehavior to remove any one or more 
of the Assistants. And, to the end the body of the commons 
may be preserved of honest and good men, it was likewise 
ordered . . . that, for time to come, noe man shalbe admitted 
to the freedome of this body poUiticke but such as are mem- 
bers of some of the churches within the lymitts of the 
same. ... 

[The italicized clause in the above entry is the one which indirectly- 
established a life-tenure for Assistants, contrary to the charter provision 
for annual reelection of all such officers. The " commons " were to be 
permitted to suggest and choose new Assistants (since the charter-number 
of eighteen was far from full), but, once elected, the Assistant held until 
deposed for cause. 

At this same court, 116 freemen were elected, including those who 
had so applied in the preceding October. AVhether this admission was 
before or after the legislation given above is wholly uncertain from the 
Becords ; but the natural inference is that the applicants were asked to 
assent to these changes also as a prerequisite to admission. After this 
meeting, voters are always referred to as "freemen/' The words 
"people" and " commons" used in these records of October, 1030, and 
May, 1631, refer, presumably, to people not yet admitted to the political 
corporation.] 

64. The First " Popular " Movement — Watertown Protest, 1632 

Winthrop's History of New England (under dates given). 

Cf. introductory statements to No. 62 a above. 

Winthrop's bias for aristocratic organization in politics and in industry 
appears always in most naive unconsciousness ;i but his fine candor and 
magnanimity make his book as attractive as it is valuable. 

'^Gt. American History and Government, ^^ 62, 64, 77, note, etc., for several 
illustrative quotations not given in this volume. 



THE FIRST "POPULAR" MOVEMENT 181 

[November 23, 1631.] The congregation at Watertown 
(whereof Mr. George Phillips was pastor) had chosen one 
Richard Brown for their elder, before named, who, persisting 
in his opinion of the truth of the Romish church, and main- 
taining other errors withal, and being a man of a very violent 
spirit, the court wrote a letter to the congregation, directed 
to the pastor and brethren, to advise them to take into con- 
sideration, whether Mr. Brown were fit to be continued their 
elder or not; to which, after some weeks, they returned 
answer to this effect : That if we would take the pains to 
prove such things as were objected against him, they would 
endeavour to redress them. 

[The dissensions in the Watertown church soon led to a more active 
interference by the government of the colony. The party of the elder 
and pastor plainly resented this interference. There may be some con- 
nection between that fact and the following famous "remonstrance" 
in the matter of taxation. ] 

[1631/2. February 17.] The governour and assistants called 
before them, at Boston, divers of Watertown ; the pastor and 
.elder by letter, and the others by warrant. The occasion was, 
for that a warrant being sent to Watertown for levying of £8, 
part of a rate of £60, ordered for the fortifying of the new 
town, the pastor and elder, etc., assembled the people and de- 
livered their opinions, that it was not safe to pay moneys after 
that sort, for fear of bringing themselves and posterity into 
bondage. Being come before the governour and council, after 
much debate, they acknowledged their fault, confessing freely, 
that they were in an error, and made a retractation and submis- 
sion under their hands, and were enjoined to read it in the 
assembly the next Lord's day. The ground of their error was, 
for that they took this government to be no other but as of a 
mayor and aldermen, who have not power to make laws or raise 
taxations without the people ; but understanding that this 
government was rather in the nature of a parliament, and that 
no assistant could be chosen but by the freemen, who had 



182 DEVELOPMENT OF DEMOCRACY 

power likewise to remove the assistants and put in others, and 
therefore at every general court (which was to be held once 
every year) they had free liberty to consider and propound 
anything concerning the same, and to declare their grievances, 
without being subject to question, or, etc., they were fully sat- 
isfied ; and so their submission was accepted, and their offence 
pardoned. 

[Winthrop was overconfident. The Watertown men must soon have 
recovered from the browbeating he had given them. May 1, Winthrop 
called together the Assistants informally at his house, and warned them 
" that he had heard the people intended at the next court to desire that 
the Assistants might be chosen anew every year, and that the governor 
might be chosen by the whole court, and not by the Assistants only. Upon 
this, Mr. Liidloiv grew into a passion, and said that then we should have no 
government, but there would he an interim wherein every man might do 
what he pleased.^'' The others, however, did not anticipate quite such 
deplorable results, and wisely concluded to submit. The results appear 
in the following entry.] 

[May 8, 1632.] A general court at Boston. Whereas it was 
(at our first coming) agreed, that the freemen should choose 
the assistants, and they the governour, the whole court agreed 
now, that the governour and assistants should all be new chosen 
every year by the general court, (the governour to be always 
chosen out of the assistants ;) and accordingly the old gov- 
ernour, John Winthrop, was chosen ; accordingly all the rest as 
before, and Mr. Humfrey and Mr. Coddington also, because 
they were daily expected. . . . 

... A proposition was made by the people that every company 
of trained men might choose their own captain and ofB.cers ; 
but the governor giving them reasons to the contrary, they 
were satisfied without it. 

Every town chose two men to be at the next court, to advise 
with the governour and assistants about the raising of a public 
stock, so as what they should agree upon should bind all, etc. 

[The facts about this meeting of the General Court are given even 
more briefly in the Becords, but in agreement with these statements of 



LEGISLATION AND ADMINISTRATION 183 

Winthrop. The Becords omit, naturally, all reference to the preceding 
action at Watertown, which explains these reforms. The freemen had 
now recovered the right to choose all magistrates annually, together with 
some direct local control over taxation : but the law-making power was 
still retained, unconstitutionally, by the Assistants.] 

65. Legislation and Administration by the " Assistants," 1630-1633 

Becords of Governor and Company of Massachusetts Bay, I (under 
dates given). 

These extracts show the moral and economic ideas of the ruling class. 
The extracts are all taken from records of the Courts of Assistants, 
meeting at Charlestown or Boston. 

(1) [August 23/ September 2, 1630. The first '' court " after 

the arrival of Winthrop.] 

... It was ordered that carpenters, joyners, brickelayers, 
sawers, and thatchers shall not take above 2 s. a day, nor any 
man shall give more, under paine of X s. . . . 

(2) \_Septemher 28 /October 8, 1630.'] 

... It is ordered that labourers \_i.e., unskilled] shall not 
take above 12 cZ. a day for their worke, and not above M. and 
meate and drinke, under paine of X s. . . . 

(.3) ^November 30 /December 10, 1630.] 

... It is ordered that John Baker shalbe whipped for 
shooteing att fowle on the Sabbath day, etc. 

[No law had been made regarding such an offense. This is an in- 
stance of an ex post facto law, made by the magistrates in imposing 
sentence.] 

(4) IMarch 1/11, 1630/1631.] 

. . . It is ordered that Mr. Aleworth, Mr. Weaver, Mr. 
Plastowe, Mr. Shuter, Cobbett, and Wormewood shalbe sent 
into England by the shipp Lyon, or soe many of them as the 
ship can carry, the rest to be sent thither by the 1th of May 



184 DEVELOPMENT OF DEMOCRACY 

nexte, if there be opportunitie of shipping, if not, by the nexte 
shipp that returnes for England, as persons unmeete to inhabit 
here; and that Sir Christopher Gardner and Mr. Wright 
shalbe sent as prisoners into England by the shipp Lyon, nowe 
returneing thither. 

[The two last named had been " tried " after a fashion. For the others, 
ajiparently, there was not even a form of trial, with or without a jury. 
The banishment was executive, not judicial.] 

(5) [March 22 /April 1, 1630/1631.^ 

... It is ordered, (that whereas the wages of carpenters, 
joyners, and other artificers and workenien, were by order of 
Court restrayned to particular sommes) [wages] shall nowe be 
lefte free and att libertie as men shall reasonably agree. 

Further, it is ordered, that every toune within this pattent 
shall, before the 5th of Aprill nexte, take espetiall care that 
every person within their toune, (except magistrates and 
ministers,) as well servants as others, [be] furnished with good 
and sufficient amies allow^able by the captain or other officers, 
those that want and are of abilitie to buy them themselves, 
others that are unable to have them provided by the toune, for 
the present, and after to receive satisfacion for that they dis- 
burse when they shalbe able. 

It is likewise ordered that all persons whatsoever that have 
cards, dice, or [gaming] tables in their howses, shall make away 
with them before the nexte Court. . . 

(6) \_May 3/13, 1631.'] 

It is ordered, that John Legge, servant to Mr. Hum fry, 
shalbe severely whipped this day att Boston, and afterwards, 
soe soone as conveniently may be, att Salem, for strikeing 
Richard Wright, when hee came to give him correccion for 
idleness in his maisters worke. 

[Apparently Wright (who was not even the "master" of Legge) had 
struck first (that being the usual meaning of "give correction"); but a 
servant must not strike back,] 



LEGISLATION AND ADMINISTRATION 185 

(7) [June 14/24, 1631.'] 

It is ordered, that Phillip Rat] iff e shalbe whipped, have his 
eares cutt of, fyned 40 £, and Vjanished out of the lymitts of 
this jurisdiccion, for uttering mallitious and scandulous speeches 
against the government and the church of Salem, etc., as ap- 
peareth by a particular thereof, proved upon oath. 

[Apparently no jury trial was permitted in this case (or in several 
other equally serious cases noted in the early Eecords). For the definite 
establishment of the jury, see No. 67 6, below. It was already in use, 
however, in capital trials. (Cf. American History and Government., 
§ 80.) The extracts from the Massachusetts Records regarding those 
early cases are too long to give here.] 

(8) \_July 26 /August 5, 1531.] 

... It is ordered, that Josias Plaistowe shall (for stealing 
4 basketts of corne from the Indians) returne them 8 basketts 
againe, be ffined V£, and hereafter to be called by the name 
of Josias, and not Mr., as formerly hee used to be ; and that 
William Buckland and Thomas Andrewe shalbe whipped for 
being accessary to the same offence. 

[These two men were servants of Plaistowe. Cf. American History 
and Government, § 65, on the exemption of gentlemen from corporal 
punishment ; and also No. 78, note 43, below.] 

(9) [July 2/12, 1633.] 

... It is ordered, that it shalbe lawfull for any man to 
kill any swine that comes into his corne : the party that ownes 
the swine is to have them, being kild, and alio we recompence 
for the damage they doe, etc. . . . 

(10) lSe2Jte7nher 3/13, 1633.] 

Roberte Coles is ffined X£, and enjoyned to stand with a 
white sheete of paper on his back, wherein a drunkard shalbe 
written in greate letteres, and to stand therewith soe longe 
as the Court thinks meete, for abuseing him self e shamefully 
with drinke. 



186 DEVELOPMENT OF DEMOCRACY 

[Cowles did not reform. A Court of March 4/14, 1633/34, passed the 
following sentence upon him : — 

" It is ordered, that Roberte Coles, for drunkeness by him committed att 
Rocksbury, shalbe disfranchized, weare about his necke, and soe to hange 
upon his outward garment, a D, made of redd cloath, and sett upon 
white ; to contynue this for a yeare, and not to leave it of att any tyme 
when hee comes amongst company, under the penalty of XI s for the 
first offence, and V £ the second, and after to be punished by the Court 
as they thinke meete ; also, hee is to weare the D outwards, and is en- 
joyned to appeare att the nexte Generall Court, and to contynue there till 
the Court be ended," 

Cowles seems to have been one of the early democratic agitators. The 
Becords show that he was one of the deputies chosen in May, 1632, to 
help assess taxes. Possibly he had made himself obnoxious in such 
fashion to these aristocratic judges.] 

(11) \_Octoher 1/11, 1633.'] 

It is ordered, that maister carpenters, sawers, masons, 
clapboard-ryvers, brickelayers, tylars, joyners, wheelwrights, 
mowers, etc., shall not take above 2 s. a day, findeing themselves 
dyett, and not above 14 d. a day if they have dyett found them, 
under the penalty of V s., both to giver and receaver, for every 
day that there is more given and receaved. Also, that all 
other inferior workemen of the said occupacions shall have 
such wages as the constable of the said place, and 2 other 
inhabitants, that hee shall chuse, shall appoynet. 

Also, it is agreed, that the best sorte of labourers shall not 
take above 18 d. a day if they dyett themselves, and not above 
8 d. a day if they have dyett found them, under the aforesaid 
penalty, both to giver and receaver. 

Likewise, that the wages of inferior labourers shalbe referd 
to the constable and 2 other, as aforesaid. 

Maister taylours shall not take above 12d. a day, and the 
inferior sorte not above 8d. if they be dyeted, under the afore- 
said penalty ; and for all other worke they doe att home 
proporcionably, and soe for other worke that shalbe done . . . 
by any other artificer. 



LEGISLATION AND ADMINISTRATION 187 

Further, it is ordered, that all workemen shall worke the 
whole day, alloweing convenient tynie for foode and rest. 
This order to take place the 12th of this present moneth. 
[The " whole day " was from sun-rise to sun-set.] 

It is further ordered, that noe person, howse houlder or other, 
shall spend his time idlely or unprofhtably, under paine of 
such punishment as the Court shall thinke meete to inflicte ; 
and for this end it is ordered, that the constable of every 
place shall use spetiall care and deligence to take knowledge 
of offenders in this kinde, espetially of common coasters, 
unprofittable fowlers, and tobacco takers, and to present the 
same to the 2 nexte Assistants, whoe shall have power to 
heare and determine the cause, or, if the matter be of im- 
portance, to transferr it to the Court. 

[The following entries from Winthrop's History show the desperate 
feeling of the servants and the attitude of the gentry class at this time : — 

"August 0, 1633. Two men servants to one Moodye, of Roxbury, re- 
turning in a boat from the windmill, struck upon the oyster bank. They 
went out to gather oysters, and, not making fast their boat, when the 
flood came, it floated away, and they were both drowned, although they 
might have waded out on either side ; but it was an evident judgment of 
God upon them, for they were wicked persons. One of them, a little 
before, being reproved for his lewdness, and put in mind of hell, 
answered, that if hell were ten times hotter, he had rather be there 
than he would serve his master, etc. The occasion was, because he had 
bound himself for divers years, and saw^ that, if he had been at liberty, 
he might have had greater wages, though otherwise his master used him 
very well. 

" November, 1633. . . . The scarcity of workmen had caused them 
to raise their wages to an excessive rate, so as a carpenter would have 
three shillings the day, a laborer two shillings and sixpence, etc. ; and 
accordingly those who had commodities to sell advanced their prices 
sometime double to that they cost in England, so as it grew to a general 
complaint, which the court, taking knowledge of, as also of some further 
evils, which were springing out of the excessive rate of wages, they made 
an order, that carpenters, masons, etc., should take but two shillings the 
day, and laborers but eighteen pence, and that no commodity should be 
sold at above four pence in the shilling more than it cost for ready 



188 DEVELOPMENT OF DEMOCRACY 

money in England ; oil, wine, etc., and cheese (in regard of the hazard 
of bringing, etc.,) excepted. . . ." 

Winthrop, no doubt, put the cart before the horse. The increased 
cost of all European goods, due to high freights, necessitated higher 
wages ; but Winthrop resents any attempt of the laborers to ask more 
than their old European wages.] 

66. The Beginning of Town Government in Massachusetts, 1633 

Dorchester Town Becords, p. 3. 

For some three years after the great migration of 1630, the eight 
Massachusetts "towns" were governed wholly by the central colonial 
authority, — the courts of Assistants and the General Courts, — and by 
officers appointed by this central authority. The entry below marks the 
beginning of local self-government. The Dorchester Becords, it is true, 
contain notice of four earlier meetings to regulate pasturage or the divi- 
sion of town lands (cf. one such Boston meeting later ; No. 73 b) ; but 
here we have a formal assumption of government by periodic town meet- 
ings and " select men.''"' The next town to act in a like way was Water- 
town (cf. No. 83, opening). Later (cf. No. 78, law 66), the central gov- 
ernment accepted this establishment of local government, giving it the 
sanction of law. On the history of this movement, see American History 
and Government^ §§ 71-74. 

An agreement made by the whole consent and vote of the 
Plantation made Mooneday 8th of October, 1633. 

Inprimus it is ordered that for the generall good and well 
ordering of the affayres of the Plantation their shall be every 
Mooneday before the Court by eight of the Clocke in the morn- 
ing, and presently upon the beating of the drum, a generall 
meeting of the inhabitants of the Plantation att the meeteing 
house, there to settle (and sett downe) such orders as may tend 
to the generall good as aforesayd ; and every man to be bound 
thereby without gaynesaying or resistance. It is also agreed 
that there shall be twelve men selected out of the Company 
that may or the greatest part of them meete as aforesayd to 
determine as aforesayd, yet so as it is desired that the most of 
the Plantation will keepe the meeteing constantly and all that 
are there although none of the Twelve shall have a free voyce 
as any of the 12 and that the greate[r] vote both of the 12 and 



REPRESENTATIVE CENTRAL GOVERNMENT 189 

the other shall be of force and efficasy as aforesayd. And it 
is likewise ordered that all things concluded as aforesayd shall 
stand m force and be obeyed untill the next monthely meeteing 
and afterwardes if it be not contradicted and other wise ordered 
upon the sayd monthley nieete[ing] by the greatest parts of 
those that are present as aforesayd. 

67. Representative Central Government Established, 1634 
a. Winthrop's Account 

Winthrop's History of New England, under dates given. Cf. Intro- 
duction to No. 64 for Wintlirop's bias. 

For the outline of the whole story, cf. American History and Govern- 
ment, § 64. 

[April 1, 1634.] . . . Notice being sent out of the general 
court to be held the 14th day of the third month, called May, 
the freemen deputed two of each town to meet and consider of 
such matters as they were to take order in at the same general 
court ; who, having met, desired a sight of the patent, and, con- 
ceiving thereby that all their laws should be made at the 
general court, repaired to the governour to advise with him 
about it, and about the abrogating of some orders formerly 
made, as for killing of swine in corn,^ etc. He told them, 
that, when the patent was granted, the number of freemen was 
supposed to be (as in like corporations) so few, as they might 
well join in making laws ; but now they were grown to so great 
a body, as it was not possible for them to make or execute laws, 
but they must choose others for that purpose : and that howso- 
ever it would be necessary hereafter to have a select company 
to intend that work, yet for the present they were not furnished 
with a sufficient number of men qualified for such a business ; 
neither could the commonwealth bear the loss of time of so 
many as must intend it. Yet this they might do at present, 
viz., they might, at the general court, make an order, that, once 
in the year, a certain number should be appointed (upon sum- 

iCf. No. 65 (9). 



190 DEVELOPMENT OF DEMOCRACY 

mons from the govern our) to revise all laws, etc., and to reform 
what they found amiss therein ; but not to make any new laws, 
but prefer their grievances to the court of assistants ; and that 
no assessment should be laid upon the country without the 
consent of such a committee, nor any lands disposed of. . . . 

[May 14.] At the general court, Mr. Cotton preached, and 
delivered this doctrine, that a magistrate ought not to be turned 
into the condition of a private man without just cause, and to 
be publicly convict, no more than the magistrates may not turn 
a private man out of his freehold, etc., without like public trial, 
etc. This falling in question in the court, and the opinion of 
the rest of the ministers being asked, it was referred to further 
consideration. 

The court chose anew governour, viz., Thomas Dudley,^ Esq., 
th^ former deputy ; and Mr. Ludlow was chosen deputy ; and 
John Haines, Esq., an assistant, and all the rest of the assist- 
ants chosen again. 

At this court it was ordered, that four general courts should 
be kept every year, and that the whole body of the freemen 
should be present only at the court of election of magistrates, 
etc., and that, at the other three, every town should send 
their deputies, who should assist in making laws, disposing 
lands, etc. Many good orders were made by this court. It held 
three days, and all things were carried very peaceably, not- 
withstanding that some of the assistants were questioned by 
the freemen for some errors in their government, and some fines 
imposed, but remitted again before the court broke up. The 
court was kept in the meeting house at Boston, and the new 
governour and the assistants were together entertained at the 
house of the old governour, as before. 

1 A marginal note in the manuscript, in Winthrop's handwriting, adds 
" chosen by papers." This election of Winthrop's rival, by a secret ballot, 
was the democratic answer to Cotton's argument above. 



REPRESENTATIVE CENTRAL GOVERNMENT 191 



b. The Colony Records 

(1) \_An Attempt of the Oligarchic Government to hold the Alle- 

giance of all Inhabitants by an Oath.^ 

The Oath for all Inhabitants prescribed ^t a Court of 
Assistants at Boston, April 1/11, 1634. 

I doe heare sweare, and call G-od to witnes, that, being 
nowe an inhabitant within the ly mitts of this jurisdiccion of 
the ^Massachusetts, I doe ackno^dedge myselfe lawfully subject 
to the aucthoritie and goverment there established and doe 
accordingly snbniitt my person, family, and estate, to be pro- 
tected, ordered, and governed by the. lawes and constitucious 
thereof, and doe faithfully promise to be from time to time 
obedient and conformeable thereunto, and to the aucthoritie of 
the Governor, and all other the magistrates there, and their 
successors, and to all such lawes, orders, sentences, and de- 
crees, as nowe are or hereafter shalbe lawfully made, decreed, 
and published by them or their successors. And I will alwayes 
indeavor (as in duty I am bound) to advance the peace and 
wellfaire of this body poUitique, and I will (to my best power 
and meanes) seeke to devert and prevent ichatsoever may tende 
to the mine or damage thereof, or of the Governor, Deputy 
Governor, or Assistants, or miy of them or their successors, and 
iL'ill give speedy notice to them, or some of them, of any sedicion, 
violence, treacherie, or other hnrte or evill ivhich I shall knoive, 
heare, or vehemently suspect to be p)lotted or intended against 
them or any of them, or against the said Commonwealth or 
goverment established. Soe helpe mee God. 

(2) \_The Revolutionary General Court of May 14-/2^, 163J^.'\ 

This court opens with a Hst of those present, giving, after the names 
of the Assistants, twenty-four other names written in different columns, 
before the usual word Genernlitie. These twenty-four seem to have 
come, by threes, from each of the eight towns. It is quite certain that 
they were "deputies" sent for the purpose by the towns. Cf. American 
History and Government, § 64. 



192 DEVELOPMENT OF DEMOCRACY 

Oath of Freemen 

I {A. B.), being, by Gods providence, an inhabitant and 
ffreeman within the jurisdiccion of this comraonweale, doe 
freely acknowledge my selfe to be subject to the goverment 
there of, and therefore doe heere sweare, by the greate and 
dreadfull name of the everlyveing God, that I wilbe true and 
faithfull to the same, and will accordingly yeilde assistance 
and support thereunto, with my person and estate, as in equity 
I am bound, and will also truely indeavor to mainetaine and 
preserve all the libertyes and previlidges thereof, submitting my 
selfe to the wholesome lawes and orders made and established 
by the same ; and further, that I will not plott nor practise 
any evill against it, nor consent to any that shall soe doe, but 
will timely discover and reveale the same to lawful aucthority 
nowe here established, for the speedy preventing thereof. 
Moreover, I doe solemnely byncle my selfe, in the sight of God, 
that ichen I shalbe called to give my voice touching any such 
matter of this state, wherein ffreemen are to deale, I will give my 
vote and suffrage, as I shall judge in myne oune conscience may 
best conduce and terid to the x>ubUque iveale of the body, without 
respect of persons, or favor of any man. Soe helpe mee God, in 
the Lord Jesus Christ.^ 

Further, it is agreed, that none but the Generall Court hath 
power to chuse and admitt ffreemen. 

That none but the Generall Court hath power to make and 
establishe lawes, nor to elect and appoynct officers, as Governor, 
Deputy Governor, Assistants, Tresurer, Secretary, Captain, 
Leiuetenants, Ensignes, or any of like moment, or to remove 
such upon misdemeanor, as also to sett out the dutyes and powers 
of the said officers. 

That none but the Generall Court hath power to rayse mon- 
eyes and taxes, and to dispose of lands, viz. to give and con- 
firme proprietyes. 

1 For the significance of the difference between this oath and that in (1) 
above, cf . American History and Government, § 64. 



REPRESENTATIVE CENTRAL GOVERNMENT 193 

Thomas Dudley, Esq. was chosen Governor for this yeare 
nexte ensueing, and till a newe be chosen, and did, in presence 
of the Court, take an oath to his said place belonginge. . . . 

It is agreed, that there shalbe ten pounds ffine sett upon the 
Court of Assistants, and Mr. May he we, for breach of an order 
of Court against imployeing Indeans to shoote with peeces, the 
one halfe to be payde by Mr. Pinchon and Mr. Mayhewe, offend- 
ing therein, the other halfe by the Court of Assistants then in 
being, who gave leave thereunto. 

It was further ordered, that the constable of every plan- 
tacion shall, upon process receaved from the Secretary, give 
timely notice to the ffremen of the plantacion where hee dwells 
to send soe many of their said members as the process shall 
direct, to attend upon publique service ; and it is agreed that 
no tryall shall passe upon any, for life or banishment, but by a 
jury soe summoned, or by the Generall Courte. 

It is likewise ordered that there shalbe foure Generall Courts 
held yearely, to be summoned by the Governor, for the tyme 
being, and not to be dissolved without the consent of the major 
parte of the Court. 

It was farther ordered that it shalbe lavjfull for the ffremen of 
every plantacion to chuse two or three of each towne before every 
Generall Court, to conferre of ayid prepare such publique bitsines 
as by them shalbe thought jitt to consider of att the nexte Generall 
Court, and that such persons as shalbe hereafter soe deputed by the 
ffreemen of\^the'] sever all plantacions, to deale in their behalf e, in 
the publique affayres of the commonivealth, shall have the full power 
and voyces of all the said ffreemen, deryved to them for the make- 
ing and establishing oflatves, graunting of lands, etc., and to deale 
in all other affaires of the commonivealth ivherein the ffreemen 
have to doe, the matter of election of magistrates and other officers 
onely, excepted, ivherein every free mayi is to gyve his oione voyce} 

1 This enactment is the formal establishment of representative government 
in the colony, — in accordance with the character of this Conrt which so de- 
creed. Cf. Introduction, above, to this No. 67 h. (2). 



194 DEVELOPMENT OF DEMOCRACY 

All former orders concerneing swine are repealed. And it is 
agreed that every towne shall have liberty to make such orders 
aboute swine as they shall judge best for themselves, and that 
if the swine of one towne shall come within the the lymitts of 
another, the owners thereof shalbe lyeable to the orders of that 
towne where their swine soe trespasseth. . . . 

68. Reaction : The Aristocratic Veto 

Winthrop's History of Xew England. 

[September 4, 1634.] The general court began at Newtown, 
and continued a week, and then was adjourned fourteen days. 
Many things were there agitated. . . . But the main business, 
which spent the most time, and caused the adjourning of the 
court, was about the removal of Newtown [to Connecticut] .... 

Upon these and other arguments the court being divided, it 
was put to vote ; and, of the deputies, fifteen were for their 
departure, and ten against it. The governour and two assist- 
ants were for it, and the deputy and all the rest^ of the assist- 
ants were against it, (except the secretary, w^ho gave no vote ;) 
whereupon no record was entered, because there were not six 
assistants in the vote,^ as the patent requires. Upon this 
grew a great difference between the governour and assistants, 
and the deputies. They would not yield the assistants a 
negative voice, and the others (considering how dangerous it 
might be to the commonwealth, if they should not keep that 
strength to balance the greater number of the deputies) thought 
it safe to stand upon it. So, when they could proceed no 
farther, the whole court agreed to keep a day of humiliation 
to seek the Lord, which accordingly was done, in all the con- 
gregations, the 18th day of this month ; and the 24th the court 
met again. Before they began, Mr. Cotton preached, (being 
desired by all the court, upon Mr. Hooker's instant excuse of 
his unfitness for that occasion). He took his text out of Hag. 

1 Not more than four, so the vote stood probably 18 for, and 15 against. 
But the new claim of the Assistants that at least six magistrates must be 
" in the vote " {i.e. vote yes) prevents action. 



RIGHT OF FREE SPEECH DENIED 195 

ii, 4, etc., out of which he laid down the nature or strength 
(as he termed it) of the magistracy, ministry, and people, 
viz., — the strength of the magistracy to be their authority ; 
of the i^eople, their liberty ; and of the ministry, their purity ; 
and showed how all of these had a negative voice, etc., and 
that yet the ultimate resolution, etc., ought to be in the whole 
body of the people, etc., with answer to all objections, and a 
declaration of the people's duty and right to maintain their 
true liberties against any unjust violence, etc., which gave 
great satisfaction to the company. And it pleased the Lord 
so to assist him, and to bless his own ordinance, that the 
affairs of the court went on cheerfully ; and although all were 
not satisfied about the negative voice to be left to the magis- 
trates, yet no man moved aught about it, and the congregation 
of Newtown came and accepted of such enlargement as had 
formerly been offered them by Boston and Watertown ; and 
so the fear of their removal to Connecticut was removed. . . . 
At this court were many laws made against tobacco, and im- 
modest fashions, and costly apparel,^ etc., as appears by the 
Records : and £600 raised towards fortifications and other 
charges. . . . 

69. Right of Free Speech Denied 

Winthrop's History of New England. 

March 4, 1634 [1635] ... At this court, one of the deputies 
was questioned for denying the magistracy among us, affirming 
that the power of the governour was but ministerial, etc. He 
had also much opposed the magistrates, and slighted them, 

1 It is refreshing to see that the gentle Puritan women were not to be con- 
trolled in the matter. In 1638, four years later, Winthrop has the following 
item: 

" The court, taking into consideration the great disorder general through 
the country in costliness of apparel, and following new fashions, sent for the 
elders of the churches, and conferred with them about it, and laid it upon 
them, as belonging to them, to redress it, by urging it upon the consciences of 
their people, which they promised to do. But little was done about it ; /or 
divers of the elders^ wives, etc., were in some measure partners in this general 
disorder." 



196 DEVELOPMENT OF DEMOCRACY 

and used many weak arguments against the negative voice, as 
himself acknowledged upon record. He was adjudged by all 
the court to be disabled for three years from bearing any 
public office. . . . 

[This was Israel Stoughton, deputy from Dorchester (see No. 70, below) . 
Afterward Stoughton was an officer in Cromwell's original regiment of 
Ironsides. 

Winthrop wrote a pamphlet in favor of the negative voice ; but for 
this he was not called to account. ] 

70. Formal Adoption of the Ballot in Elections in the General 

Court 

Winthrop's History of New England. For the one earlier instance, 
cf . No. 67 a and note. 

[May 6/16, 1635.] A general court was held at Newtown, 
where John Haynes, Esq., was chosen governour, Richard 
Bellingham, Esq., deputy governour, and Mr. Hough and Mr. 
Dumnier chosen assistants to the former; and Mr. Ludlow, 
the late deputy, left out of the magistracy. The reason was, 
partly, because the people would exercise their absolute power, 
etc., and partly upon some speeches of the deputy, who pro- 
tested against the election of the governour as void, for that 
the deputies of the several towns had agreed upon the election 
before they came, etc.^ But this was generally discussed, and 
the election adjudged good. 

Mr. Endecott was also left out, and called into question 
about the defacing the cross in the ensign. . . . 

The governour and deputy were elected by papers, wherein 
their names were written ; but the assistants were chosen by 
papers, without names, viz. the governour propounded one to 
the people ; then they all went out, and came in at one door, 
and every man delivered a paper into a hat. Such as gave 
their vote for the party named, gave in a paper with some 
figures or scroll in it ; others gave in a blank. 



iCf. Ludlow's extreme fear of democracy in No. 64, above. 



SECRET BALLOT IN A LOCAL ELECTION 197 

A petition was preferred by many of Dorchester, etc., for 
releasing the sentence against Mr. Stoughton the last general 
court ; but it was rejected, and the sentence affirmed by the 
country to be just. . . . 

71. Secret Ballot in a Local Election, because of Democratic and 
Aristocratic Jealousies 

Winthrop's History of New England. 

The use of the ballot noted in No. 70 was not the first in New England. 
An earlier instance in the General Court of the year before has been 
noted (No. 67 a, note), and the following extract shows an instance of its 
use in a town election, along with other interesting political data. On 
the matter of the ballot, cf. American History and Government^ § 77. 

December 11, 1634. This day after the lecture,^ the in- 
habitants of Boston met to choose seven men who should 
divide the town lands among them. They chose hy prt|>ers, 
and, in their choice, left out Mr. Winthrop, Coddington, and 
other of the chief men ; only they chose one of the elders and 
a deacon, and the rest of the inferior sort, and Mr. Winthrop 
had the greater number before one of them by a voice or two. 
This they did, as fearing that the richer men would give the 
poorer sort no great proportions of land, but would rather 
leave a great part at liberty for new comers and for common, 
which Mr. Winthrop had oft persuaded them unto, as best 
for the town, etc. Mr. Cotton and divers others were offended 
at this choice, because they declined the magistrates ; and Mr. 
Winthrop refused to be one upon such an election as was 
carried by a voice or two, telling them, that though, for his 
part, he did not apprehend any personal injury, nor did doubt 
of their good affection towards him, yet he was much grieved 
that Boston should be the first who should shake off their 
magistrates, especially Mr. Coddington, who had been always 

1 The mid-week (Thursday) religious service, then held in the morning, 
of which our Thursday evening " prayer meetings " are a survival. Boston 
had no town government, as yet, with regular town meetings ; but the gather- 
ing for this religious purpose was utilized for a-special governmental purpose. 



198 DEVELOPMENT OF DEMOCRACY 

so forward for their enlargement ; adding farther reason of 
declining this choice, to blot out so bad a precedent. Where- 
upon, at the motion of Mr. Cotton, who showed them, that it 
was the Lord's order among the Israelites to have all such 
businesses committed to the elders, and that it had been nearer 
the rule to have chosen some of each sort, etc., they all agreed 
to go to a new election, which was referred to the next lecture 
day.i 

72. Martial Law 

Records of the Governor and Company of Massachusetts Bay. 

Att a Generall Court hohlen at NeweTowne, March 11th, 
1634. \_March 21, 1635.'] 

It is ordered, that the present Governor, Deputy Governor, 
John Winthrop, John Hiimfry, John Haynes, John Endicott, 
William Coddington, William Pinchon, Increase Nowell, 
Richard Bellingham, Esquire, and Simon Birdstreete, or the 
major parte of them, whoe are deputed by this Court to 
dispose of all millitary affaires whatsoever, shall have full 
power and aucthority to see all former lawes concerneing all 
military men and municion executed, and also shall have full 
power to ordeyne or remove all millitary officers, and to make 
and tender to them an oathe suteable to their places, to 
dispose of all companyes, to make orders for them, and to 
make and tender to them a suteable oath, and to see that 
strickt dissipline and traineings be observed, and to command 
them forth upon any occacion they thinke meete, to make 
either offensive or defensive warr, as also to doe whatsoever 
may be further behoof efull, for the good of this plantacion, 
in case of any warr that may befall us, and also that the 
aforesaid commissioners, or the major parte of them, shall 
have power to imprison or confine any that they shall judge to 
be enemyes to the commonwealth, and such as will not come 

1 The aristocratic protest won ; at the second electipu, the usual gentlemen 
were placed upon the committee. 



THE WHEELWRIGHT CONTROVERSY 199 

under command or restrainte, as they shalbe required, it shalbe 
lawfull for the said commissioners to putt such persons to 
death. This order to continue till the end of the next 
Generall Court. 

[At the next Coart (May, 1635 ; the same to which Winthrop refers 
in No. 70, above), this committee with its authority was continued for 
one year, though this power was wholly unauthorized by the charter. The 
reason was a desire to be prepared to resist a " General Governor " from 
England. Of. American History and Government, § 61.] 

73. Life Council; Proxies; "Approved" Churches 

Winthrop's History of New England. 

April 7, 1636. At a general court it was ordered that a 
certain number of the magistrates should be chosen for life 
(the reason was, for that it was showed from the word of God, 
etc., that the principal magistrates ought to be for life).^ . . . 
It was likewise ordered . . . that, in regard of the scarcity of 
vituals, the remote towns should send their votes by proxy to 
the court of elections,- and that no church . . . should be 
allowed . . . that was gathered without consent of the 
churches and magistrates.^ 

74. The Wheelwright Controversy (Political Aspects) 

Winthrop's History of New Eiigland. 

May 17, 1637. Our court of elections was at Newtown. 
So soon as the court was set, being about one of the clock, a 
petition was preferred by those of Boston. The governour 
would have read it, but the deputy said it was out of order ; 
it was a court for elections, and those must first be despatched, 

1 The immediate occasion was the desire to satisfy Lord Say and Lord 
Brooke. Of. No. 75, below. 

2 This provision for " proxies," or written ballots (as the men of that day 
used the term "proxj^ " often), was soon extended to all towns at all annual 
elections. 

3 The regulation regarding churches was needful to supplement the re- 
striction of the franchise to church members (No. 63 (4) ) . 



200 DEVELOPMENT OF DEMOCRACY 

and then their petitions should be heard. Divers others also 
opposed that course, as an ill precedent, etc. ; and the petition, 
being about pretence of liberty, etc., (though intended chiefly 
for revoking the sentence given against Mr. Wheelwright,) 
would have spent all the day in debate, etc. ; but yet the 
governour and those of that party would not proceed to elec- 
tion, except the petition was read. Much time was already 
spent about this debate, and the people crying out for election, 
it was moved by the deputy, that the people should divide 
themselves, and the greater number must carry it. And so it 
was done, and the greater number by many were for election. 
But the governour [Vane] and that side kept their place still, 
and would not proceed. Whereupon the deputy [Winthrop] 
told him, that, if he would not go to election, he and the rest 
of that side would proceed. Upon that, he came from his 
company, and they went to election ; and Mr. W^inthrop was 
chosen governour, Mr. Dudley deputy, and Mr. Endecott of 
the standing council ; and Mr. Israel Stoughton and Mr. 
Richard Saltonstall were called in to be assistants ; and Mr. 
Vane, Mr. Coddington, and Mr. Dummer, (being all of that 
faction,) were left quite out. 

There was great danger of a tumult that day ; for those of 
that side grew into fierce speeches, and some laid hands on 
others ; but seeing themselves too weak, they grew quiet. 
They expected a great advantage that day, because the remote 
towns were allowed to come in by proxy ; but it fell out, that 
there were enough beside. But if it had been otherwise, they 
must have put in their deputies, as other towns had done, for 
all matters beside elections. Boston, having deferred to 
choose deputies till the election was passed, went home that 
night, and the next morning they sent Mr. Vane, the late 
governour, and Mr. Coddington, and Mr. Hoffe, for their 
deputies; hut the court, being grieved at it, found a means to 
send them home again, for that two of the freemen of Boston'^ had 

1 Presumably Winthrop and Cotton, who had stayed at Newtown for the 
Court. 



POLITICAL CONDITIONS IN NEW ENGLAND 201 

not notice of the election. So they went all home, and the next 
morning they returned the same gentleman again upon a new 
choice ; and the court not finding hoiv they might reject them, 
they were admitted. . . . 

75. Political and Social Conditions in New England before 1660 

a. Correspondence between Cotton and Certaii% English 
Lords, 1636 

Thomas Hutchinson's History of 3Iassachusetts Bay (1769), App. II. 

In 1636, certain Puritan lords in England sent to John Cotton in Mas- 
sachusetts a series of conditions upon which they might come to Hve in 
the colony. Cotton prepared the answers, with " such leading men as 
[he] thought meete to consult." 

CERT ATX Proposals made by LORD SAY, LORD 
BROOKE, and other Persons of quality, as conditions of their 
removing to NEW-ENGLAND, ivith the answers thereto. 

Demand 1. That the Commonwealth should consist of two 
distinct ranks of men, — whereof the one should be (for them 
and their heirs) gentlemen of the country ; the other (for them 
and their heirs) freeholders. 

Answer. Two distinct ranks we willingly acknowledge, from 
the light of nature and scripture ; the one of them called Princes 
or Nobles, or Elders (amongst whom gentlemen have their place) ; 
the other, the people. Hereditary dignity or honours we will- 
ingly allow to the former, unless by the scandalous and base 
conversation of any of them, they become degenerate. Heredi- 
tary liberty, or estate of freemen, we willingly allow to the 
other, unless they also, by some unworthy and slavish carriage, 
do disfranchize themselves. 

Dem. 2. That in these gentlemen and freeholders, assembled 
together, the chief power of the Commonwealth shall be placed, 
both for making and repealing laws. 

Ans. So it is with us. 

Dean. 3. That each of these two ranks should, in all public as- 
semblies, have a negative voice, so as* without a mutuall consent 
nothing should be established. 



202 DEVELOPMENT OF DEMOCRACY 

Ans. So it is agreed among us. 

Dem. Jf. That the first rank (consisting of gentlemen) should 
have power, for them and their heirs, to come to the parliaments 
or public assemblies, and there to give their free votes person- 
ally ; the second rank (of freeholders) should have the same 
power for them and their heirs of meeting and voting, hut by 
their deputies. 

Ans. Thus far this demand is practiced among us. The 
freemen meet and vote by their deputies ; the other rank give 
their votes personally, only with this difference, there be no 
more of the gentlemen that give their votes personally but such 
as are chosen to places of office, either governors, deputy gov- 
ernors, councellors, or assistants. All gentlemen in England 
have not that honour to meet and vote personally in parliament, 
much less all their heirs. But of this more fully, in an answer 
to the ninth and tenth demand. 

Dem. 5. TJiat for facilitating and dispatch of business, amd 
other reasons, the gentlemen and freeholders should sit and hold 
their meetings in two distinct houses. 

Ans. We 'willingly approve the motion, only as yet it is not so 
practiced among iis, but in time, the variety and discrepancy of 
sundry occurrences will put them upon a necessity of sitting apart. 

Dem. 8. \_The governor to be chosen from " gentlemen.^'^ 

A71S. We never practice otherwise, chusing the governor either 
out of the assistants, ivhich is our ordinary course, or out of ap- 
proved known gentlemen, as this year, Mr. Vane. 

Dem. 9. That for the present, the Right Honorable the Lord 
Viscount Say and Scale, the Lord Brooke, who have already 
been at great disbursements for the public works in New-Eng- 
land, and such other gentlemen of approved sincerity and 
worth, as they, before their personal remove, shall take into 
their number, should be admitted for them and their heirs, 
gentlemen of the country. But for the future, none shall be 
admitted into this rank But by the consent of both houses. 

Ans. The great disbursements of these noble personages and 



POLITICAL CONDITIONS IN NEW ENGLAND 203 

worthy gentlemen we thankfully acknowledge, because the safety 
and presence of our brethren at Connecticut is no small blessing 
and comfort to us. But, though that charge had never been 
disbursed, the worth of the honorable persons named is so well 
known to all, and our need of such supports and guides is so 
sensible to ourselves, that we do not doubt the country would 
thankfully accept it, as a singular favor from God and from 
them, if he should bow their hearts to come into this wilderness 
and help us. As for accepting them and their heirs into the 
number of gentlemen of the country, the custom of this country 
is, and readily would be, to receive and acknowledge, not only 
all such eminent persons as themselves and the gentleman they 
speake of, but others of meaner estate, so be it is of some em- 
inency, to be for them and their heirs, gentlemen of the country. 
Only, thus standeth our case. Though we receive them with 
honor and allow them pre-eminence and accomodations accord- 
ing to their condition, yet we do not, ordinarily, call them forth 
to the power of election, or administration of magistracy, until 
they be received as members into some of our churches, a priv- 
elege, which we doubt not religious gentlemen will willingly 
desire (as David did in Psal. xxvii. 4) and christian churches 
will as readily impart to such desirable persons. Hereditary 
honors both nature and scripture doth acknowledge (Eccles. x. 
17.) but hereditary authority and power standeth only by the 
civil laws of some commonwealths, and yet even amongst them, 
the authority and power of the father is nowhere communicated, 
together with his honors, unto all his posterity. Where God 
blesseth any branch of any noble or generous family, with a 
spirit and gifts fit for government, it would be a taking of 
God's name in vain to put such a talent under a bushel, and a 
sin against the honor of magistracy to neglect such in our 
public elections. But if God should not delight to furnish 
some of their posterity with gifts fit for magistracy, we would 
expose them rather to reproach and prejudice, and the common- 
wealth with them, than exalt them to honor, if we should call 
them forth, when God doth not, to public authority. . . . 



204 DEVELOPMENT OF DEMOCRACY 

[la Cotton's personal letter to Lord Say and Sele and Lord Brooke 
(Hutchinson's Massachusetts Bay (1765), App. Ill), a fuller statement as 
to some features of Massachusetts practice and theory is given. The 
English lords evidently objected to the restriction of citizenship to church 
members. They wanted less of theocracy and more of aristocracy. Cot- 
ton defends the middle course of the colony as follows : 

, . . "Your Lordships advertisement touching the civill state of this 
colony, as they doe breath forth your singular wisdome, and faithfulness, 
and tender care of the peace, so wee have noe reason to misinterprite, 
or undervalue your Lordships eyther directions or intentions therein. 
I know noe man under heaven (I speake in Gods feare without flattery) 
whose counsell I should rather depend upon, for the wise administration 
of a civill state according to God, than upon your Lordship, and such 
confidence have I (not in you) but in the Lords presence in Christ with 
you, that I should never feare to betrust a greater commonwealth than this 
(as much as in us lyeth) under such a. perpetua dictatura as your Lordship 
should prescribe. For I nothing doubt, but that eyther your Lordship 
would prescibe all things according to the rule, or be willing to examine 
againe, and againe, all things according to it. . . , It is very suitable to 
Gods all-sufficient wisdome, and to the fulnes and perfection of Holy Scrip- 
tures, not only to prescribe perfect rules for the right ordering of a private 
mans soule to everlasting blessednes with himselfe, but also for the right 
ordering of a mans family, yea, of the commonwealth too, so farre as both 
of them are subordinate to spiritual ends, and yet avoide both the cliurches 
usurpation upon civill jurisdictions . . . and the commonwealths inva- 
sion upon ecclesiasticall administrations . . . Gods institutions (such as 
the government of church and of commonwealth may be) may be close 
and compact, and coordinate one with another, and yet not confounded. 
God hath so framed the state of church government and ordinances, that 
they may be compatible to any common-wealth, though never so much 
disordered in his frame. But yet when a commonwealth hath liberty to 
mould his owne frame ... I conceyve the scripture hath given full direc- 
tion for the right ordering of the same. . . . Mr. Hooker doth often quote 
a saying out of Mr. Cartwright (though I have not read it in him) that 
noe man fashioneth his house to his hangings, but his hangings to his 
house. It is better that the commonwealth be fashioned to the setting 
forth of Gods house, wliich is his church : than to accommodate the 
church frame to the civill state. Democracy, I do not conceyve that ever 
God did ordeyne as a fitt government eyther for church or commonwealth. 
If the people be governors, who shall be governed ? As for monarchy, 
and aristocracy, they are both of them clearely approoved, and directed in 
scripture, yet so as referreth the soveraigntie to himselfe, and setteth up 



POLITICAL CONDITIONS IN NEW ENGLAND 205 

Theocracy in both, as the best forme of government in the commonwealth 
as well as in the church, 

" The law, which your Lordship instanceth in [that none shall be chosen 
to magistracy among us but a church member] was made and enacted 
before I came into the country ; but I have hitherto wanted sufficient 
light to plead against it. . . . Your Lordship's feare that this will bring 
in papal excommunication, is just, and pious : but let your Lordship be 
pleased againe to consider whether the consequence be necessary. . . . 

" When your Lordship doubteth that this corse will draw all things 
under the determination of the church . . . (seeing the church is to de- 
termine who shall be members, and none but a member may have to doe 
in the government of a commonwealth) be pleased (I pray you) to con- 
ceyve, that magistrates are neyther chosen to office in the church. . . . 
Nor neede your Lordship feare (which yet I speake v^ith submission to 
your Lordships better judgment) that this corse will lay such a founda- 
tion, as nothing but a mere democracy can be built upon it. Bodine con- 
fesseth, that though it be status popularis, where a people choose their 
owne governors, yet the government is not a democracy, if it be admin= 
istered, not by the people, but by the governors, whether one (for then 
it is a monarchy, though elective) or by many, for then (as you know) 
it is aristocracy. . . . Mean while two of the principall of [the require- 
ments of the Lords] , the generall cort hath already condescended unto. 
1. In establishing a standing councell, who, during their lives, should 
assist the governor in managing the chiefest affayres of this little state. 
They have chosen, for the present, onely two (Mr. Winthrope and Mr. 
Dudley) nor wilhng to choose more, till they see what further better 
choyse the Lord will send over to them, that so they may keep an open 
doore for such desireable gentlemen as your Lordship mentioneth. 2. 
They have graunted the governor and assistants a negative voyce, and 
reserved to the freemen the like liberty also." . . .] 

b. Social Legislation, October 14, 1651 

Becords of Massachusetts Colony^ IV, Pt. I, pages 60-61. 

. . . "though we acknowledge it to be a matter of much 
difficultie, in regard of the blindnes of mens mindes and the 
stubbornes of their willes, to sett downe exact rules to confine 
all sorts of persons, yett wee cannot but account it our duty 
... to declare our utter detestation . . . that men or weomen 
of meane condition should take uppon them the garbe of 



206 DEVELOPMENT OF DEMOCRACY 

gentlemen, by wearing gold or silver lace or buttons, or points 
at their knees, or to walk in great bootes, or weomen of the 
same rancke to weare silke or tiffany hoodes or scarfes, which 
though allowable to persons of greater estates or more liberall 
education, yett we cannot but judge it intollerable in persons 
of such like condition : it is therefore ordered by this Courte 
. . . that no person . . . whose visible estates . . . shall not 
exceed . . . two hundred pounds, shall weare any gold or 
silver lace [etc.] uppon the penaltie of tenn shillings for 
every such offence, and every such delinquent to be presented 
by the graund jury," [with long and detailed provisions for 
enforcement]. 

76. Some Relations with England, 1638 
a. Attach upon the Massachusetts Charter 

Thomas Hutchinson's Collection of Original Papers (1769), 105-106. 

This is the last of several demands for the return of the charter be- 
tween the years 1634 and 16.38. Winthrop refers to it as " a very strict 
order." For the reasons why the colony " thought it safe " to disregard 
the order, and for the earlier history, cf. American History and Govern- 
ment, § 61. 

A Coppie of a Letter sent by the appointment of the Lords of 
the Council to Mr. Winthrop, for the Patent of this Planta- 
tion to he sent to them. 

At Whitehall April 4th 1638. Present, 

Lord Archbishop of Canterbury Earle of Holland 

Lord Keeper Lord Cottington 

Lord Treasurer Mr. Treasurer 

Lord Privy Scale Mr. Controuler 

Earle Marshall Mr. Secretary Cooke 

Earle of Dorset Mr. Secretary Windebank 

This day the Lords Commissioners for foreign Plantations, 
taking into consideration that the petitions and complaints of 
his Majesty s subjects, planters and traders in New-England, 
grow more frequent than heretofore for want of a settled and 



SOME RELATIONS WITH ENGLAND, 1638 207 

orderly government in those parts, and calling to mind that 
they had formerly given order about two or three years since 
to Mr. Cradock a member of that plantation, to cause the 
grant or letters patent of that plantation (alleadged by him to 
be there remaining in the hands of Mr. Winthrop) to be sent 
over hither, and that notwithstanding the same, the said 
letters patent were not as yet brought over : And their Lord- 
ships being now informed by Mr. Attorney General that a Quo 
Warranto had been by him brought according to former order 
against the said patent, and the same was proceeded to judg- 
ment against so many as had appeared, and that they which 
had not appeared, were outlawed. 

Their lordships well approving of Mr. Attorney's care and 
proceeding therein did now resolve and order, that Mr. 
Meawtis, clerk of the council attendant upon the said com- 
missioners for foreign plantations, shoidd in a letter from 
himselfe to Mr. Winthrop inclose and convey this order unto 
him. And their Lordships hereby in his Majestys name, and 
according to his express will and pleasure, strictly require and 
enjoine the said AVinthrop or any other in whose power and 
custody the said letters patent are, *that they fail not to 
transmit the said patent hither by the returne of the ship in 
which the order is conveyed to them, it being resolved that in 
case of any further neglect or contempt by them shewed 
therein, their lordships will cause a strict course to be taken 
against them, and will move his Majesty to reassume into his 
hands the whole plantation. 

h. The Refusal of the Colony 

Hutchinson's Massachusetts Bay (1765), App. V. See introductory 
matter to «, above. 

An Addresse of the General Court 
To the Right Honourable the Lords Commissioners for foreigne 

Plantatioyis {^September 6/16, 1638'] 
The humble Petition of the Inhabitants of the Massachusets 

in New England, of the Generall Court there assembled, 



208 DEVELOPMENT OF DEMOCRACY 

the 6th day of September, in the 14th yeare of the Reigne 
of our Soveraigne Lord King CHARLES. 

Whereas it hath pleased your Lordships, by order of the 
4th of April last, to require our patent to be sent unto you, 
wee do hereby humbly and sincerely professe, that wee are 
ready to yield all due obedience to our soveraigne Lord, the 
King's majesty, and to your Lordships under him, and in this 
minde wee left our native countrie, and according thereunto, 
hath been our practice ever since, so as wee are much grieved, 
that your Lordships should call in our patent, there being no 
cause knowne to us, nor any delinquency or fault of ours 
expressed in the order sent to us for that purpose, our govern- 
ment being according to his Majestyes grant, and wee not 
answerable for any defects in other plantations, etc. 

This is what his Majesties subjects here doe believe and 
professe, and thereupon wee are all humble suitors to your 
Lordships, that you will be pleased to take into further con- 
sideration our condition, and to affoord us the liberty of 
subjects, that we ma}^ know what is layd to our charge ; and 
have leaive and time to answer for ourselves before we be 
condemned as a people unworthy of his Majesties favour or 
protection ; as for the quo warranto mentioned in the said 
order, wee doe assure your Lordships wee were never called 
to answer to it, and if wee had, wee doubt not but wee have 
a sufficient plea to put in. 

It is not unknowne to your Lordships, that we came into 
these remote parts with his Majesties licence and encourage- 
ment, under his great scale of England, and in the confidence 
wee had of that assurance, wee have transported our families 
and estates, and here have wee built and planted, to the great 
enlargement and securing of his Majesties dominions in these 
parts, so as if our patent should now be taken from us, we 
shall be looked on as runnigadoes and outlawed, and shall be 
enforced, either to remove to some other place, or to returne 
into our native country againe ; either of which will put us 



SOME RELATIONS WITH ENGLAND, 1638 209 

to imsupportable extremities, and these evils (among others) 
will necessarily follow: (1.) Many thousand souls will be 
exposed to mine, being layd ojjen to the injuries of all men. 
(2.) If wee be forced to desert this place, the rest of the 
plantations (being too weake to subsist alone) will, for the 
most part, dissolve and goe with us, and then will this whole 
country fall into the hands of the French or Dutch, who 
would speedily imbrace such an opportunity. (3.) If we 
should loose all our labour and costs, and be deprived of those 
liberties which his Majesty hath granted us, and nothing 
layd to our charge, nor any fayling to be found in us in point 
of allegiance (which all our countrymen doe take notice of 
and will justify our faithfulness in this behalf e) it will dis- 
courage all men heereafter from the like undertakings upon 
confidence of his Majesty es royal grant. Lastly, if our patent 
he taken from us (whereby loee suppose wee may dayme interest 
in his Majestyes favour and protection) the common people here 
will conseive that his Majesty hath cast them off, and that, heereby, 
they are freed from their allegiance and subjection, and, thereupon, 
will be ready to confederate themselves under a new government, for 
their necessary safety and subsistance, ivhich will be of dangerous 
example to other plantations, andperillous to ourselves of incurring 
his Majestyes displeasure, which wee would by all means avoyd} 

Upon these considerations wee are bold to renew our humble 
supplications to your Lordships, that wee may be suffered to 
live here in this wilderness, and that this poore plantation, 
which hath found more favour from G-od than many others, 
may not finde lesse favour from your Lordships [so] that our 
liberties should be restreyned, when others are enlarged, that 
the doore should be kept shutt unto us, while it stands open 
to ^11 other plantations, that men of ability should be debarred 
from us, while they give incouragement to other colonies. 



1 Observe the plain threat, cloaked in this language, that the colony would 
rebel rather than surrender its charter. The real leaders of revolt would 
have been, not " the common people," but Winthrop and his friends, who 
drew up this paper. 



210 DEVELOPMENT OF DEMOCRACY 



77. Democratic Discontent, 1639 

(Winthrop's Denial of the Right of Petition ; Abolition of the Life 
Council ; Delay in the Written Code) 

Winthrop's History of Xew England. 

May 22, 1639. The court of elections was : at which time 
there was a small eclipse of the sun, Mr. Winthrop was 
chosen governour again, though some laboring had been, by 
some of tlie elders and others, to have changed, not out of any 
dislike of him (for they all loved and esteemed him), but out 
of their fear lest it might make way for having a governour for 
life, which some had propounded as most agreeable to God's 
institution and the practice of all well-ordered states. But 
neither the governour nor any other attempted the thing; though 
some jealousies arose, which were increased by two occasions. 
The first was, there being want of assistants, the governour 
and other magistrates thought fit (in the warrant for the court) 
to propound three, amongst which Mr. Downing, the govern- 
our' s brother-in-law, was one, which they conceived to be done 
to strengthen his party, and therefore, though he were known 
to be a very able man, etc., and one who had done many good 
offices for the country for these ten years, yet the people would 
not choose him. Another occasion of their jealousy was, the 
court, finding the number of deputies to be much increased by 
the addition of new plantations, thought fit, for the ease both 
of the country and the court, to reduce all towns to two depu- 
ties. This occasioned some to fear, that the magistrates in- 
tended to make themselves stronger, and the deputies weaker, 
and so, in time, to bring all power into the hands of the magis- 
trates ; so as the people in some towns were much displeased 
with their deputies for yielding to such an order. Whereupon, 
at the next session, it was propounded to have the number of 
deputies, restored ; and allegations were made, that it was an 
infringement of their liberty ; so as, after much debate, and 
such reasons given for diminishing the number of deputies. 



DEMOCRATIC DISCONTENT, 1639 211 

and clearly proved that their liberty consisted not in the num- 
ber, but in the thing, divers of the deputies, vt^ho came with 
intent to reverse the last order, were, by force of reason, 
brought to uphold it ; so that, when it was put to the vote, the 
last order for two deputies only was confirmed. Yet, the next 
day, a petition was brought to the court from the freemen of 
Roxbury, to have the third deputy restored. Whereupon the 
reasons of the court's proceedings were set down in writing, 
and all objections answered, and sent to such towns as were 
unsatisfied with this advice, that, if any could take away those 
reasons, or bring us better for what they did desire, we should 
be ready, at the next court, to repeal the said order. 

The hands of some of the elders (learned and godly men) 
were to this petition, though suddenly drawn in, and without 
due consideration. For the lawfulness of it may well be ques- 
tioned : for when the people have chosen men to be their rulers, 
and to make their laws, and bound themselves by oath to sub- 
mit thereto, now to combine together (a lesser part of them) in 
a public petition to have any order repealed, which is not re- 
pugnant to the law of G-od, savors of resisting an ordinance of 
God ; for the people, having deputed others, have no power 
to make or alter laws, but are to be subject; and if any such 
order seem unlawful or inconvenient, they were better prefer 
some reasons, etc., to the court, with manifestation of their 
desire to move them to a review, than peremptorily to petition 
to have it repealed, which amounts to a plain reproof of those 
whom God hath set over them, and putting dishonor upon 
them, against the tenor of the fifth commandment. 

There fell out at this court another occasion of increasing 
the people's jealousy of their magistrates, viz. : One of the 
elders, being present with those of his church, when they 
were to prepare their votes for the election, declared his judg- 
ment, that a governour ought to be for his life, alleging for his 
authority the practice of all the best commonwealths in Europe, 
and especially that of Israel by God's own ordinance. But 
this was opposed by some other of the elders with much zeal, 



212 DEVELOPMENT OF DEMOCRACY 

and so notice was taken of it by the people, not as a matter of 
dispute, but as if there had been some plot to put it in practice. 

June 9, 1639 . . . The people had long desired a body of 
laws, and thought their condition very unsafe, while so much 
power rested in the discretion of magistrates. Divers attempts 
had been made at former courts, and the matter referred to some 
of the magistrates and some of the elders ; but still it came to 
no effect ; for, being committed to the care of many, whatsoever 
was done by some, was still disliked or neglected by others. 
. . . Two great reasons there were, which caused most of the 
magistrates and some of the elders not to be very forward in 
this matter. One was, want of sufficient experience of the 
nature and disposition of the people, considered with the con- 
dition of the country and other circumstances, which made them 
conceive, that such laws would be fittest for us, which shoidd 
arise pro re nata upon occasions, etc., and so the laws of Eng- 
land and other states grew (and therefore the fundamental 
laws of England are called customs, consuetudines). 2. For 
that it would professedly transgress the limits of our charter, 
which provide, we shall make no laws repugnant to the laws 
of England, and that we were assured we must do. But to 
raise up laws by practice and custom had been no transgression ; 
as in our church discipline, and in matters of marriage, to make 
a law, that marriages should not be solemnized by ministers, 
is repugnant to the laws of England : but to bring it to a cus- 
tom by practice for the magistrates to perform it, is no law 
made repugnant, etc. At length (to satisfy the people) it pro- 
ceeded . . .^ 

November, 1639. Some of the freemen, without the consent 
of the magistrates or governour, had chosen Mr. Nathaniel Ward 
to preach at this court, pretending that it was a part of their lib- 
erty. The governour (whose right indeed it is, for till the court 
be assembled the freemen are but private persons) would not strive 
about it, for though it did not belong to them, yet if they would 

1 For a brief history of this proceeding, cf. American History and Goveriz- 
ment, § 81. The code was established iu 1(341. See No. 78, below. 



DEMOCRATIC DISCONTENT, 1639 213 

have it, there was reason to yield it to them. ... In his sermon 
he delivered many useful things, but in a moral and political 
discourse, grounding his propositions much upon the old Roman 
and Grecian governments, which sure is an error, for if religion 
and the word of God makes men wiser than their neighbors, 
and these times have the advantage of all that have gone before 
us in experience and observation, it is probable that by all 
these helps, we may better frame rules of government for our- 
selves than to receive others upon the bare authority of the 
wisdom, justice, etc. of those heathen commonwealths. Among 
other things, he advised the people to keep all their magistrates 
in an equal rank, and not give more honor or power to one than 
to another, which is easier to advise than to prove, seeing it is 
against the practice of Israel (where some were rulers of thou- 
sands, and some but of tens) and of all nations known or re- 
corded. Another advice he gave, that magistrates should not 
give private advice, and take knowledge of any man's cause 
before it came to public hearing. This was debated after in 
the general court, where some of the deputies moved to have 
it ordered. [Successfully resisted by the magistrates.] 

[ Ward's sermon shows that he regarded himself as put forward to cham- 
pion democratic doctrine : cf. Cotton's sermons for the magistrates, noted 
in former entries. An entry of Winthrop's, dated May 10, 1643, shows a 
continuance of this democratic purpose. 

"Our court of elections was held, when Mr. Ezekiel Rogers, pastor of 
the church in Rowley, preached. He was called to it by a company of 
freemen, whereof the most were deputies chosen for the court. . . . Mr. 
Rogers, hearing that exception was taken to this call, as unwarrantable, 
wrote to the governour for advice, etc., who returned him answer : That 
he did account his calling not to be sufficient, yet the magistrates were 
not minded to strive with the deputies about it, but seeing it was noised 
in the country, and the people would expect him, and that he had advised 
with the magistrates about it, he wished him to go on. In his sermon 
he described how the man ought to be qualified whom they should choose 
for their governour, yet dissuaded them earnestly from choosing the 
same man twice together, and expressed his dislike of that with such 
vehemency as gave offence. But when it came to trial, the former 
governour, Mr. Winthrop, was chosen again."] 



214 DEVELOPMENT OF DEMOCRACY 

78. The Body of Liberties, 1641 

Whitmore's Bihliograpliical Sketch of the Laws of the Massachusetts 
Colony gives the text in facsimile. 

For the history aud significauce, see American History and Govern- 
ment, § 81. Cf. also No. 77, above. The starred numbers each contain 
some important advance upon English custom or law of the day, and 
italic type is used to call attention to provisions that especially justify 
the name, Body of Liberties. 

A Coppie of the Liberties of the Massachiisets Collonie in 
New England 

The free fruition of such liberties, Immunities, and prive- 
ledges, as humanitie, Civilitie, and Christianitie call for as 
due to every man in liis place and proportion, without im- 
peachment and Infringement, hath ever beue and ever ivill he 
the tranquillitie and Stahilitie of Churches and Commonwealths. 
And the deniall or deprivall thereof the disturbance if not the 
mine of both. . . . 

Wee doe therefore this day religiously and unanimously 
decree and confirme these following Rites, liberties, and prive- 
ledges concerneing our Churches and Civill State, to be 
respectively impartiallie and inviolably enjoyed and observed 
throughout our Jurisdiction for ever. 

1. No mans life shall be taken awa}^, no mans honour or 
good name shall be stayned, no mans person shall be arested, 
restrayned, banished, dismembred, nor any wayes punished, 
no man shall be deprived of his wife or children, no mans 
goods or estaite shall be taken away from him, nor any way 
indammaged under Coulor of law, or Countenance of Authoritie, 
nnlesse it be by vertue or equitie of some expresse laiv of the 
Country ivarranting the same, established by a generall Court 
and sufficiently published, or, in case of the defect of a law in 
any partecular case, by the word of god. And in Capitall cases, 
or in cases concerning dismembring or banishment, according 
to that ivord to be judged by the Generall Court. 

* 2. Every person within this Jurisdiction, whether Inhabit- 



THE BODY OF LIBERTIES, 1641 215 

ant or forreiner shall enjoy the same justice and law, that is 
generall for the plantation, which we constitute and execute 
one towards another, without partialitie or delay. 



5. No man shall be compelled to any publique worke or 
service iinlesse the ^jresse be grounded upon some act of the 
generall Court, and [he] have reasonable allowance therefore. 



8. No mans Cattell or good of what kinde soever shall be 
pressed or taken for any publique use or service, unlesse it be 
by warrant grounded upon some act of the generall Court, nor 
without such reasonable prices and hire as the ordinarie rates 
of the Countrie do afford. . . . 

* 9. No monopolies shall be granted or allowed amongst us, 
but of such new Inventions that are profitable to the Countrie, 
and that for a short time. 

* 10. All our lands and heritages shall be free from all fines 
and licences upon Alienations, and from all hariotts, wardships. 
Liveries, Primerseisens, yeare day and w^ast, Escheates, and for- 
feitures, upon the deaths of parents, or Ancestors, be they 
natural!, casuall, or Juditiall. 

* 11. All persons which are of the age of 21 yeares, and of 
right understanding and meamories, ivhether [even if] excommu- 
nicate or condemned shall have full power and libertie to make 
there wills and testaments, and other lawfull alienations of 
theire lands and estates. 

12. Every man ichether Inhabitant or fforreiiier, free or not 
free shall have libertie to come to any publique Court, Councell or 
Towne meeting, and either by speech or writeing to move any 
laivfidl, seasonable, and materiall question, or to present any 
necessary motion, complaint, petition. Bill or information, ichereof 
that meeting hath p)rox)er cognizance, so it be done in convenient 
time, due order, and respective manner. 



216 DEVELOPMENT OF DEMOCRACY 

16. Every Inhabitant that is an howse holder shall have 
free fishing and fowling in any great ponds and Bayes, Coves 
and Rivers, so farre as the sea ebbes and flowes within the 
presincts of the towne where they dwell, unless the free men 
of the same Towne or the Generall Court have otherwise ap- 
propriated them, provided that this shall not be extended to 
give leave to any man to come upon others proprietie without 
there leave. 

*17. Every man of or within this Jurisdiction shall have free 
libertie, not with standing any Civill power, to remove both 
himselfe and his familie at their pleasure out of the same, 
provided there be no legall impediment to the contrarie. 

Rites Rules and Liberties concerning Juclitiall jiroceedings 

18. No mans person shall he restrained or imprisoned by any 
Authority what so ever, before the law hath sentenced him thereto, 
if he can put in sufficient securitie, bayle, or mainprise, for 
his appearance, and good behaviour in the meane time, unlesse 
it be in Crimes Capitall, and Contempts in open Court, and in 
such cases where some expresse act of Court doth allow it. 

19. If in]a generall Court any miscariage shall be amongst the 
Assistants when they are by themselves that may deserve an 
Admonition or fine under 20 sh, it shall be examined and sen- 
tenced amongst themselves. If amongst the Deputies when 
they are by themselves. It shall be examined and sentenced 
amongst themselves. If it be when the whole Court is togeather, 
it shall be judged by the whole Court, and not severallie as 
before.^ 



*25. No Summons pleading Judgement, or any kinde of proceeding in 
Court or course of Justice shall be abated, arested, or reversed, upon any 
kinde of cercumstantiall errors or mistakes, if the person and cause be 
rightly understood and intended by the Court. 



1 This law shows that in 1641 the two orders of the Assembly had come to 
sit by themselves frequently. For the final separation, see No. 80. 



THE BODY OF LIBERTIES, 1641 217 

29. In all Actions at law it shall be the libertie of the plan- 
tife and defendant by mutual consent to choose whether they 
will be tryed by the Bench or by a Jurie, unlesse it be where 
the law upon just reason hath otherwise determined. The 
like libertie shall be granted to all persons in Criminall cases. 

30. It shall be in the libertie both of plantif e and defendant, 
and likewise every delinquent (to be judged by a Jurie) to chal- 
lenge any of the Jurors. And if his challenge be found just 
and reasonable by the Bench/ or the rest of the Jurie, as the 
challenger shall choose, it shall be allowed him. , . . 

34. If any man shall be proved and Judged a commen Bar- 
rator vexing others with unjust frequent and endlesse suites, 
It shall be in the power of Courts both to denie him the benefit 
of the law, and to punish him for his Barratry. 



36. It shall be in the libertie of every man . . . sentenced in any 
cause in any Inferior Court, to make their Appeale to the Court of Assist- 
ants, provided they tender their appeale and put in securitie to prosecute 
it before the Court be ended wherein they were condemned, and within 
six dayes next ensuing put in good securitie before some Assistant to sat- 
istie what his Adversarie shall recover against him ; And if the cause be 
of a Criminall nature, for his good behaviour and appearance. And 
everie man shall have libertie to complaine to the Generall Court of any 
Injustice done him in any Court of Assistants or other. 



40. No Conveyance, Deede, or promise what so ever shall be 
of validitie. If it be gotten by Illegal violence, imprisonment, 
threatenings, or any kinde of forcible compulsion called Dares. 

41. Everie man that is to Answere for any Criminall cause, 
whether he be in prison or under bayle, his cause shall be heard 
and determined at the next Court that hath proper Cognizance 
thereof. And [i.e., if it] may be done without prejudice of Jus- 
tice. 

1 The "peremptory challenge" of the Plymouth Code does not appear here. 



218 DEVELOPMENT OF DEMOCRACY 

42. No man shall be twise sentenced by Civill Justice for 
one and the same Crime, offence, or Trespasse. 

43. No man shall be beaten with above 40 stripes, nor shall 
any true gentleman, nor any man equall to a gentleman be pun- 
ished with whipping,^ unles his crime be very shamefull, and 
his course of life vitious and profligate. 

''^44. No man condemned to dye shall be put to death within 
fower dayes next after his condemnation, unles the Court see 
spetiall cause to the contrary, or in case of martiall law; nor 
shall the body of any man so put to death be unburied 12 
howers, unlesse it be in case of Anatomic. 

45. No man shall be forced by Torture to confesse any Crime 
against himself e nor any other unlesse it be in some Capitall 
case where he is first f ullie convicted by cleare and suffitient evi- 
dence to be guilty. After which, if the cause be of that nature 
That it is very apparent there be other conspiratours, or con- 
federates with him. Then he may be tortured, yet not with such 
Tortures as be Barbarous and inliumane. 

46. For bodilie punishments we allow amongst us none that 
are inhumane. Barbarous, or cruell.^ 

47. No man shall be put to death without the testimony of 
two or three witnesses, or that which is equivalent there unto. 

49. No free man shall be compelled to serve upon Juries above 
two Courts in a yeare, except grand Jurie men, who shall hould 
two Courts togetlier at the least. 

* 50. All Jurors shall be chosen continuallie by the freemen of 
the Towne where they dwell. 



54. When so ever anything is to be put to vote, any sentence 
to be pronounced, or any other matter to be proposed, or read 

1 Cf . No. 05 (8) . 

2 These terms are relative. Winthrop describes, after this date, the cruel 
flogging of a woman for a matter of opinion, and says that she had her tongue 
put in " a cleft stick" for half an hour, for "abusing" the magistrates who 
punished her. 



THE BODY OF LIBERTIES, 1641 219 

in any Court or Assembly, If the president or moderator thereof 
shall refuse to perform e it, the Major parte of the members of 
that Court or Assembly shall have power to appoint any other 
meete man of them to do it. And, if there be just cause, to punish 
him that should and would not.^ 



57. When so ever any person shall come to any very suddaine 
untimely and unnaturall death, Some Assistant, or the Con- 
stables of that Towne shall forthwith summon a Jury of twelve 
free men to inquire of the cause and manner of their death, and 
shall present a true verdict thereof to some neere Assistant, or 
the next Court to be helde for that Towne upon their oath.^ 

Liberties more peculiarUe concerning the free men 

58. Civill Authorie hath power and libertie to see the peace, 
ordinances and Rules of Christ observed in every church ac- 
cording to his word, so it be done in a Civil] and not in an Ec- 
clesiastical way. 

60. No church censure shall degrade or depose any man 
from any Civill dignitie, office, or Authoritie he shall have in 
the Commonwealth. 



62. Any Shire or Towne shall have libertie to choose their 
Deputies whom and where they please for the General Court, 
So be it they be free men, and have taken there oath of fealtie, 
and [be] Inhabiting in this Jurisdiction. 

Qij. The Freeman of everie Tow^nship shall have power 
to make such by laws and constitutions as may concerne the 

1 This is a protest against the occasional arbitrary action of the Massachu- 
setts governor in past years. Both Winthrop and Vane had been guilty of re- 
fusing to put motions to the General Court. 

2 The coroner's jury had existed by custom in the colony from the first. 



220 DEVELOPMENT OF DEMOCRACY 

wellfare of their Towne, provided they be not of a Criminall, 
but onely of a prudentiall nature, And that their penalties 
exceede not 20 sh. for one offence. And that they be not re- 
pugnant to the publique laws and orders of the Countrie. 
And if any Inhabitant shall neglect or refuse to observe them, 
they shall have power to levy the appointed penalties by 
distresse.^ 



68. It is the libertie of the freemen to choose such deputies 
for the Geuerall Court out of themselves, either in their owne 
Townes or elsewhere as they judge htest. And because we 
cannot forsee what varietie and weight of occasions may fall 
into future consideration, and what coiinsells we may stand 
in neede of, we decree : That the Deputies (to attende the 
Generall Court in the behalf e of the Countrie) shall not any 
time he stated or inacted, but from Court to Court, or at the most 
hut for one yeare, — that the Countrie may have an Annuall 
libertie to do in that case what is most behoofefull for the 
best welfaire thereof. 

69. No Generall Court shall he desolved or adjourned without the 
consent of the Major parte thereof - 

70. All Freemen called to give any advise, vote, verdict, or 
sentence in any Court, Counsell, or Civill Assem.bly, shall have 
full freedome to doe it according to their true Judgements 
and Consciences, So it be done orderly and inofensively for 
the manner. 



74. The freemen of every Towne or Towneship, shall have 
full power to choose yearly or for lesse time out of themselves 
a convenient number of titt men to order the planting or 
prudentiall occasions of that Towne, according to Instructions 

iThis recognized existing local practice. Cf. No. 66. 

2 This democratic advance had been taken two years earlier in Connecticut. 
Cf. No. 93. 



THE BODY OF LIBERTIES, 1641 221 

given them in writeing, Provided nothing be done by them 
contrary to the publique laws and orders of the Countrie, 
provided also the number of such select persons be not above 
nine.^ 

Liberties of Woemen 

*79. If any man at his death shall not leave his wife a 
competent portion of his estaite, upon just complaint made 
to the Generall Court, she shall be relieved. 

*80. Everie marryed woeman shall be free from bodilie 
correction or stripes by her husband, unlesse it be in his owne 
defence upon her assalt. If there be any just cause of correc- 
tion complaint shall be made to Authoritie assembled in some 
Court, from which onely she shall receive it. 

Liberties of Children 

81. When parents dye intestate, the Elder sonne shall have 
a doble portion of his whole estate reall and personall, unlesse 
the Generall Court upon just cause alleadged shall Judge 
otherwise. 

82. When parents dye intestate, having noe heires males 
of their bodies, their Daughters shall inherit as Copartners, 
unles the Generall Court upon just reason shall judge other- 
wise. 

83. If any parents shall wilfullie and unreasonably deny 
any childe timely or convenient mariage, or shall exercise any 
unnaturall severitie towards them, Such children shall have 
free libertie to complain to Authoritie for redresse. 

84. No Orphan dureing their minoritie which was not com- 
mitted to tuition or service by the parents in their life time, 
shall afterwards be absolutely disposed of by any kindred, 
friend, Executor, Towneship, or Church, nor by themselves, 
without the consent of some Court, wherein two Assistants 
at least shall be present. 

1 Actual practice disregarded this limitation to nine, and also the attempt 
to restrict the "select men" and the voters to "freemen." 74 should have 
followed 66. 



222 DEVELOPMENT OF DEMOCRACY 

Liberties of Servants 



87. If any man smite out the eye or tooth of his man servant, 
or maid servant, or otherwise mayme or much disfigure him, 
unlesse it be by meere casualtie, he shall let them goe free from 
his service.^ And shall have such further recompense as the 
Court shall allow him. 

^^. Servants that have served deligentlie and faithfully to 
the benefitt of their maisters seaven yeares, shall not be sent 
away emptie. And if any have bene unfaithfuU, negligent or 
unprofitable in their service, notwithstanding the good usage 
of their maisters, they shall not be dismissed till they have 
made satisfaction according to the Judgement of Authoritie. 

Liberties of Forreiners and /Strangers 



91. There shall never be any bond slaverie villinage or Cap- 
tivitie amongst us,^ unles it be lawfull Captives taken in just 
warres, and such strangers as willingly selle themselves or are 
sold to us. And these shall have all the liberties and Christian 
usages which the law of god established in Israeli concerning 
such persons doeth morally require. This exempts none from 
servitude who shall be Judged thereto by Authoritie. 

Off [o/] the Bruite Creature 

92. No man shall exercise any Tirranny or Crueltie towards 
any bruite Creature which are usuallie kept for mans use. 

* 93. If any man shall have occasion to leade or drive Cattel 
from place to place that is far of, So that they be weary, or 
hungry, or fall sick, or lambe, It shall be lawful to rest or 
refresh them, for a competent time, in any open place that is 
not Come, meadow, or inclosed for some peculiar use. 

1 This with the first half of the next law is based upon the Jewish law. 

2 This noble provision soon became a dead letter. 



THE BODY OF LIBERTIES, 1641 



223 



94. Capitall Laws 

1 

Dut 13 6 10 ^^ ^^^ TCidin. after legall conviction shall have 
Dut. 17. 2. 6 or worship any other god, but the lord god, he 
Ex. 22. 20 shall be put to death. 



Ex. 22. 18. 
Lev. 20. 27. 
Dut. 18. 10. 



If any man or woeman be a witch, (that is 
hath or consulteth with a familiar spirit,) They 
shall be put to death. 



If any person shall Blaspheme the name of 

god, the father, Sonne or Holie ghost, with di- 

Lev. 24. 15. 16 rect, expresse, presumptuous or high handed 

blashemie, or shall curse god in the like manner, 

he shall be put to death. 



Ex. 21. 12. 
Numb. 35. 13. 
14. 30. 31. 



If any person comitt any wilfull murther, 
which is manslaughter, comitted upon premedi- 
tated mallice, hatred, or Crueltie, not in a mans 
necessarie and just defence, nor by meere casu- 
altie against his will, he shall be put to death. 



Numb. 25. 20. 

21. 
Lev. 24. 17. 



Ex. 2L 14. 



If any person slayeth an other suddainely, in 
his anger or Crueltie of passion, he shall be put 
to death. 

6 

If any person shall slay an other through guile, 
either by poysoning or other such divelish prac- 
tice, he shall be put to death. 



224 DEVELOPMENT OF DEMOCRACY 



10 



Ex. 21. 16. 



If any man stealetli a man or mankinde, he 
shall surely be put to death. 

11 

If any man rise up by false witnes, wittingly 
18 19 ^^^ ^^ purpose to take away any man's life, he 
shall be put to death. 

12 

If any man shall conspire and attempt any invasion, insur- 
rection, or publique rebellion against our commonwealth, or 
shall indeavour to surprize any Towne or Townes, fort or forts 
therein, or shall treacherously and perfediouslie attempt the 
alteration and subversion of our frame of politic or Government 
fundamentallie, he shall be put to death. 

95. A declaration of the Liberties the Lord Jesus hath given 
to the Churches 

1. All the people of god within this Jurisdiction who are not in a church 
way, and be orthodox in Judgement, and not scandalous in life, shall have 
full libertie to gather themselves into a Church Estaite. Provided they 
doe it in a Christian way, with due observation of the rules of Christ re- 
vealed in his word. 

2. Every Church hath full libertie to exercise all the ordinances of god, 
according to the rules of Scripture. 

3. Every Church hath free libertie of Election and ordination of all 
their officers from time to time, provided they be able, pious and orthodox. 

4. Every Church hath free libertie of Admission, Recommendation, 
Dismission, and Expulsion, or deposall of their officers, and members, 
upon due cause, vdth free exercise of the Discipline and Censure of Christ 
according to the rules of his word. 

10. Wee allowe private meetings for edification in religion amongst 
Christians of all sortes of people. So it be without just offence both for 
number, time, place, and other cercumstances. 

98. Lastly because our dutie and desire is to do nothing suddainlie 
which fundamentally concerne us, we decree that these rites and liberties. 



A PURITAN VIEW OF TRADE 225 

shall be Audably read and deliberately weighed at every Generall Court 
that shall be held, within three yeares next insueing, And such of them 
as shall not be altered or repealed they shall stand so ratified, That no 
man shall infringe them without due punishment. 

And if any Generall Court within these next thre yeares shall faile or 
forget to reade and consider them as abovesaid. The Governor and 
Deputie Governor for the time being, and every Assistant present at such 
Courts shall forfeite 20 sh. a man, and everie Deputie 10 sh. a man for 
each neglect, which shall be paid out of their proper estate, and not by 
the Country or the Townes which choose them. And when so ever there 
shall arise any question in any Court amonge the Assistants and Associ- 
ates thereof about the explanation of these Rites and liberties, The 
Generall Court onely shall have power to interprett them. 

79. A Puritan View of Trade 

Winthrop's History of New England. 

November, 1639. At a general court holden at Boston, a 
great complaint was made of the oppression used in the country 
in sale of foreign commodities; and Mr. Robert Keaine, who 
kept a shop in Boston, was notoriously above others observed 
and complained of ; and, being convented, he was charged with 
many particulars ; in some, for taking above sixpence in the 
shilling profit ; in some, eight pence ; and, in some small 
things, above two for one; and being hereof convict, (as ap- 
pears by the records,) he was fined £ 200, which came thus to 
pass : The deputies considered, apart, of his fine, and set it at 
£ 200 ; the magistrates agreed but to £ 100. So, the court 
being divided, at length it was agreed, that his fine should be 
£ 200, but he should pay but £ 100, and the other should be 
respited to the further consideration of the next general court. 
By this means the magistrates and deputies were brought to 
an accord, which otherwise had not been likely, and so much 
trouble might have grown, and the offender escaped censure. 
For the cry of the country was so great against oppression, 

And sure the course was very evil, especial circumstances 
considered : 1. He being an ancient professor of the gospel : 



226 DEVELOPMENT OF DEMOCRACY 

2. A man of eminent parts ... 4. Having come over for 
consciences sake . . . 

These things gave occasion to Mr. Cotton, in his public 
exercise the next lecture day, to lay open the error of . . . 
false principles, and to give some rules of direction in the 
case. 

Some false principles were these : — 

1. That a man might sell as dear as he can, and buy as 
cheap as he can. 

2. If a man lose by casualty of sea, etc., in some of his 
commodities, he may raise the price of the rest. 

3. That he may sell as he bought, though he paid too dear, 
etc., and though the commodity be fallen, etc. 

4. That, as a man may take the advantage of his own skill 
or ability, so he may of another's ignorance or necessity. 

5. Where one gives time for payment, he is to take like 
recompense of one as of another. 

The rules for trading were these : — 

1. A man may not sell above the current price, i. e., such a 
price as is usual in the time and place, and as another (who 
knows the worth of the commodity) would give for it, if he 
had occasion to use it . . . 

2. When a man loseth in his commodity for want of skill, 
... he must look at it as his own fault or cross, and therefore 
must not lay it upon another. 

3. Where a man loseth by casualty of sea, ... it is a loss 
cast upon himself by providence, and he may not ease himself 
of it by casting it upon another ; for so a man should seem to 
provide against all providences, that he should never lose ; but 
where there is a scarcity of the commodity, there men may 
raise their price ; for now it is a hand of God upon the com- 
modity, and not the person. 

80. The Separation of the Legislature into Two Houses 

Winthrop's History of New England. Of. American History and 
Government, §§ 69, 70. 



FIRST TWO-HOUSE LEGISLATURE 227 

June 4, 1642. ... At the same general court there fell out 
a great business upon a very small occasion. Anno 1636, there 
was a stray sow in Boston, which was brought to Captain 
Keayne: he had it cried divers times, and divers came to see 
it, but none made claim to it for near a year. He kept it in 
his yard with a sow of his own. Afterwards one Sherman's 
wife, having lost such a sow, laid claim to it, but came not to 
see it, till Captain Keayne had killed his own sow. After 
being showed the stray sow, and finding it to have other 
marks than she had claimed her sow by, she gave out that he 
had killed her sow. The noise hereof being spread about the 
town, the matter was brought before the elders of the church 
as a case of offence ; many witnesses were examined, and Cap- 
tain Keayne was cleared. [The case was then brought before 
the county court], — when, upon a full hearing, Capt. Keayne 
was again cleared, and the jury gave him £ 3 for his costs. 
[Keayne then recovers £ 20 damages for slander.] Story 
[friend of " Sherman's wife " ^], upon this, searcheth town and 
country to find matter against Captain Keayne . . . and got 
one of his witnesses to come into Salem court and to confess 
there that he had foresworn himself [in the former trial] ; and 
upon this he petitions in Sherman's name to this general court 
to have the cause heard again ; which was granted, and the 
best part of seven days were spent in examining witnesses 
and debating of the [case]. And yet it was not determined; 
for there being nine magistrates and thirty deputies, no sen- 
tence could by law pass without the greater number of both, 
which neither [side] had ; for there were for the plaintiff two 
magistrates and fifteen deputies, and for the defendant 
[Keayne] seven magistrates and eight deputies. . . . 

There was great expectation in the country, by occasion of 
Story's clamours against him, that the cause would have passed 
against the captain, but falling out otherwise, gave occasion to 
many to speak unreverently of the court, especially of the 

1 To give the prefix Mrs. (Mistress) to this poor woman would be wholly 
out of keeping with the usage of that day. 



228 DEVELOPMENT OF DEMOCRACY 

magistrates, and the report went, that their negative voice had 
hindered the course of justice, and that these magistrates must 
be put out, that the power of the negative voice might be 
taken away. 

June 12, 1643. . . . The sow business not being yet digested 
in the country [even Bellingham, ex-governor, urging a new 
trial without a negative voice for the magistrates, — Winthrop 
gives over three p)ages here to a review of the controversy. 
Then follows :] 

The sow business had started another question about the 
magistrates' negative vote in the general court. The deputies 
generally were very earnest to have it taken away ; whereupon 
one of the magistrates [Winthrop?] wrote a small treatise, 
wherein he laid down the original of it from the patent, and 
the establishing of it by order of the general court in 1634, show- 
ing thereby how it was fundamental to our government, which, 
if it were taken away, would be a mere democracy. He showed 
also the necessity and usefulness of it by many arguments 
from scripture, reason, and common practice, etc. Yet this 
would not satisfy, but the deputies and common people would 
have it taken away ; and yet it was apparent (as some of 
the deputies themselves confessed) the more did not under- 
stand it. An answer also was written (by one of the magis- 
trates as w^as conceived) to the said treatise, undertaking to 
avoid all the arguments both from the patent and from the 
order, etc. This the deputies made great use of in this court, 
supposing they had now enough to carry the cause clearly with 
them, so as they pressed earnestly to have it presently deter- 
mined. But the magistrates told them the matter was of great 
concernment, even to the very frame of our government ; it had 
been established upon serious consultation and consent of all 
the elders ; it had been continued without any inconvenience 
or apparent mischief these fourteen years ; therefore it would 
not be safe nor of good report to alter on such a sudden, and 
without the advice of the elders : offering withal, that if upon 
such advice and consideration it should appear to be inconven- 



FIRST TWO-HOUSE LEGISLATURE 229 

lent, or not warranted by the patent and the said order, etc., 
they should be ready to join with them in taking it away. Upon 
these propositions they were stilled, and so an order was drawn 
up to this effect, that it was desired that every member of the 
court would take advice, etc., and that it should be no offence 
for any, either publicly or privately, to declare their opinion in 
the case, so it were modestly, etc., and that the elders should be 
desired to give their advice before the next meeting of this court. 
It was the magistrates' only care to gain time, that so the peo- 
ple's heat might be abated, for then they knew they would hear 
reason, and that the advice of the elders might be inter- 
posed; . . . 

. . . One of the elders [Winthrop himself] also wrote a 
small treatise wherein he handled the question, laying down 
the several forms of government, both simple and mixt, 
and the true form of our government, and the unavoidable 
change into a democracy if the negative voice were taken 
away. . . . 

March, 1644. ... At the same court in the lirst month, 
upon the motion of the deputies, it was ordered that the court 
should be divided in their consultations, the magistrates by 
themselves and the deputies by themselves. AVhat the one 
agreed upon, they should send to the other ; and if both 
agreed, then to pass, etc. This order determined the great 
contention about the negative voice. 

[The Becords of the Governor and Company of Massachusetts Bay 
(II, 58-59) give this act which established the first two-chambered 
legislature in America (An Act of the Generall Court at Boston, Marcli 
7/17, 1644). The preamble contains an interesting reference to English 
precedent : — 

" For as much as after long experience wee find divers inconveniences 
in the manner of our proceeding in Courts, by Magistrates and deputies 
siting together, and accounting it wisdome to follow the laudable prac- 
tice of other states who have layd groundworks for government and 
order in the issuing of busines of greatest and highest consequence, . . .'' 

See also an interesting prophecy of the change to two Houses in Cotton's 
letter, No. 75 a, above.] 



230 DEVELOPMENT OF DEMOCRACY 

81. A Town Code of School Law 

Dorchester Town Records^ 54-57. Cf. American History and Govern- 
ment^ § 123. 

Upon a generall and lawfull learning of all the Inhabitants the 
14^th of the 1st moneth I640 these rules and orders following 
presented to the Towne Concerning the Schoole of Dorchester are 
Confirmed by the major parte of the Inhabitants then present. 

First, It is ordered that three able, and sufficient men of 
the Plantation shalbe Chosen to bee wardens or overseers of 
the Schoole above mentioned who shall have the Charge 
oversight and ordering thereof and of all things Concerneing 
the same in such manner as is hereafter expressed and shall 
Continue in their office and place for Terme of their lives 
respectively, unlesse by reason of any of them removing his 
habitation out of the Towne, or for any other weightie reason 
the Inhabitants shall see cause to Elect or Chuse others in 
their roome in which cases and upon the death of any of the 
sayd wardens the Inhabitants shall make a new Election 
and choice of others. 

And Mr. Haward, Deacon AViswall, Mr. Atherton are elected 
to bee the first wardens or overseers. 

Secondly, the said Wardens shall have full power to dis- 
pose of the Schoole stock. . . . 

Thirdly, the sayd Wardens shall take care, and doe there 
utmost and best endeavor that the sayd Schoole may from 
tyme to tyme bee supplied with an able and sufficient Schoole- 
master Avho nevertheless is not to be admitted into the place 
of Schoolemaster without the Generall consent of the Inhabit- 
ants or the major parte of them. . . . 

Fivethly, the sayd wardens shall from tyme to tyme see 
that the Schoole howse bee kept in good, and sufficient re- 
payre, the Charge of which reparacion shalbe defrayed and 
payd out of such rents. Issues and profitts of the Schoole 
stock, if there be sufficient, or else of such rents as shall 
arise and grow in time of the vacancy of the Schoolemaster — 



A TOWN CODE OF SCHOOL LAW 231 

if there bee any such and in defect of such vacancy the war- 
dens shall repayre to the 7 men of the Towne for the tyme 
beeing who shall have power to taxe the Towne with such 
somme, or sommes as shalbe requisite for the repayring of 
the Schoole howse as aforesayd. 

Sixthly, the sayd Wardens shall take Care that every yeere 
at or before the end of the 9th moneth their bee brought to 
the Schoolehowse 12 sufficient Cart, or wayne loads of wood 
for fewell, to be for the use of the Schoole master and the 
Schollers in winter the Cost and Chargs of which sayd wood 
to bee borne by the Schollers for the tyme beeing who 
shalbe taxed for the purpose at the discretion of the sayd 
^Yardens. 

Lastly, the sayd Wardens shall take care that the Schoole- 
master for the tyme beeing doe faythfully performe his dutye 
in his place, as schoolmasters ought to doe, as well in other 
things as in these in which are hereafter expressed, viz. 

First, that the Schoolemaster shall diligently attend his 
Schoole and doe his utmost indeavor for Benefitting his 
Schollers according to his best discretion without unneces- 
sary ly absenting himself to the prejudice of his schollers, 
and hindering there learning. 

21y, that from the beginning of the first moneth [March] untill 
the end of the 7th he shall every day begin to teach at seaven of 
the Clock in the morning and dismisse his schollers at fyve 
in the afternoone. And for the other five moneths that is 
from the beginning of the 8th moneth untill the end of the 
12th moneth he shall every day begin at 8th of the Clock in 
the morning and [end] at 4 in the afternoone. 

31y, every day in the yeare the usual tyme of dismissing 
at noone shall be at 11 and to beginn agayne at one except 
that 

41y, every second day in the weeke he shall call his schol- 
lers togeither betweene 12 and one of the Clock to examin 
them what they have learned on the saboath day preceding 
at which tyme also he shall take notice of any misdemeanor 



232 DEVELOPMENT OF DEMOCRACY 

or disorder that any of his skollers shall have Committed 
on the saboath to the end that at somme convenient tyme due 
Admonition and Correction may bee admistred by him ac- 
cording as the nature, and qualitie of the offence shall require 
at which sayd examination any of the elders or other Inhabit- 
ants that please may bee present to behold his religious care 
herein and to give there Countenance, and approbation of the 
same. 

Sly, hee shall equally and impartially receive and instruct 
such as shalbe sent and Comitted to him for that end whither 
their parents bee poore or rich not refusing any who have 
Right and Interest in the Schoole. 

61y, such as shalbe Comitted to him he shall diligently 
instruct as they shalbe able to learne both in humane learning, 
and good literature and likewise in poynt of good manners, 
and dutif ull behaviour towards all specially their superiors as 
they shall have ocasion to bee in their presence whether by 
meeting them in the streete or otherwise. 

71y, every 6 day of the weeke at 2 of the Clock in the after- 
noone hee shall Chatechise his schollers in the principles of 
Christian religion either in somme Chatechism which the War- 
dens shall provide and present, or in defect thereof in some 
other. 

Sly, And because all mans indeavors without the blessing 
of God must needs bee fruitlesse and unsucessfull theirfore It 
is to be a cheif part of the schoolemasters religious care to 
Commend his schollers and his labours amongst them unto 
God by prayer, morning and evening, taking Care that his 
schollers doe reverendly attend during the same. 

91y, And because the Rodd of Correction is an ordinance of 
God necessary sometymes to bee dispenced unto Children but 
such as may easily be abused by overmuch severity and rigour 
on the one hand, or by overmuch indulgence and lenitye on the 
other. It is therefere ordered and agreed that the schoolemaster 
for the tyme beeing shall have full power to minister Correction 
to all or any of his schollers without respect of persons accord- 



COLONIAL SCHOOL LAWS 233 

ing as the nature and qualitie of the offence shall require, whereto 
all his schollers must bee duely subject and no parent or other 
of the Inhabitants shall hinder or goe about to hinder the 
master therein. N"everthelesse if any parent or others shall 
think their is just cause of Complaynt agaynst the master for 
to much severity, such shall have liberty freindly and lovingly 
to expostulate with the master about the same, and if they shall 
not attayne to satisfaction the matter is then to bee referred to 
the wardens who shall impartially judge betwixt the master 
and such Complaynants. And if it shall appeare to them that 
any parent shall make causelesse Complaynts agaynst the 
master in this behalf and shall persist and Continue so doeing 
in such case the wardens shall have power to discharge the 
master of the care and Charge of the Children of such 
parents. . . . 

And because it is difficult if not Impossible to give particular 
rules that shall reach all cases which may fall out, therefore 
for a Conclusion It is ordered, and agreed, in Generall, that 
where particular rules are wanting there It shalbe a parte of the 
office and dutye of the Wardens to order and dispose of all 
things that Concerne the schoole, in such sort as in their wise- 
dom and discretion they shall Judge most Conducible for the 
glory of God, and the trayning up of the Children of the Towne 
in religion, learning and Civilitie, and these orders to be Con- 
tinued till the major parte of the Towne shall see cause to 
alter any parte thereof.^ 

82. Colonial School Laws 

a. Compulsory Education, 1642 
Becords of the Governor and Company of Massachusetts Bay, II, 6-7. 

[A General Court, May, 1642.]2 

This Court, taking into consideration the great neglect of 

1 Cf . also some of the entries in the extracts from the Watertown Records, 
No. 83, below. 

2 The heading is missing (by mutilation) from the Records. 



234 DEVELOPMENT OF DEMOCRACY 

maii}^ parents and masters in training up their children in learn- 
ing and Labor and other irapl[o]yments which may be proffitable 
to the common wealth, do hereupon order and decree, that in 
every towne the chosen men appointed for managing the pruden- 
tiall affayers of the same shall henceforth stand charged with the 
care of the redresse of this evill (so as they shalbee sufficiently 
punished by fines for the neglect thereof, upon presentment of 
the grand jury or other information or complaint in any Court 
. . .) ^And for this end they . . . shall have power to take 
account from time to time of all parents and masters, and of 
their children, concerning their calling and impl[o]yment of 
their children, especially of their ability to read and understand 
the principles of religion and the capital 1 lawes of this country, 
and to impose fines upon such as shall refuse to render such 
accounts to them . . . and they shall have power, with consent 
of any Court ... to put forth [as] apprentices the children 
of such as they shall [find] not to be able and fitt to imploy 
and bring them up. . . . 

[Connecticut copied this law in 1642, and New Haven in 
1644. The Connecticut preamble, like the one above, empha- 
sizes the civic motive : " For as much as the good education 
of children is of singular behoof and benefit to an.y com- 
monwealth ... it is therefore ordered," etc. Connecticut, 
too, was more specific as to the exact penalty for delinquent 
parents, — providing fines for the first two offenses, but the 
removal and apprenticing of the children for continued de- 
linquency. 

The Massachusetts law closed with a lengthy provision for 
elementary industrial training, the select men to provide materi- 
als and see that " children sett to keep cattle be set to some 
other imployment withall, as spinning . . . knitting, weaving 
tape, etc." 

Plainly, this law of 1642 assumed that each town had a 
school. The next law {b below) expressly jirovides such 
schools.] 



COLONIAL SCHOOL LAWS 235 

h. A State System of Schools 
Records of Governor and Company of Massachusetts Bay, II, 203 

Att a Sesi07i of the Generall Court, the 27th of the 8th Month, 
lejfl, at Boston 

... It being one cheife project of that oukl deluder, Satan, 
to keepe men from the knowledge of the Scriptures, as in 
former times by keeping them in an unknowne tongue, so in 
these latter times by persuading from the use of tongues (that 
so at least the true sence and meaning of the originall might 
be clouded by false glosses of saint-seming deceivers), — that 
learning may not be buried in the grave of our fathers in the 
church and commonwealth, the Lord assisting our endeavors, — 

It is therefore ordered . . . that every towneship in this juris- 
diction, after the Lord hath increased them to the number of 
50 householders, shall then forthwith appoint one within their 
towne to teach all such children as shall resort to him to write 
and reade, — whose wages shall be paid either by the parents 
or masters of such children, or by the inhabitants in generall, 
by way of supply [tax], as the major part of those that order 
the prudentialls of the towne shall appoint: provided, those 
that send their children be not oppressed by paying much 
more than they can have them taught for in other towne s. 
And it is further ordered, that where any towne shall increase 
to the number of 100 families or househoulders, they shall set 
up a grammer schoole, the mr. thereof being able to instruct 
youth so farr as they may be fited for the university, provided 
that if any towne neglect the performance hereof above one 
yeare, that such towne shall pay 5 pounds to the next schoole, 
till they shall perform e this order. 

[The punctuation of this noble sentence has been somewhat classified 
here by the use of parentheses, dashes, and colons for the commas of the 
original. On this legislation, cf. American History and Government, 
§123. The "university" was Harvard, which had been founded in 
1636. The greater part of this law was adopted two years later in 
Connecticut.] 



236 DEVELOPMENT OF DEMOCRACY 



83. Representative Town Records 

(Extracts from the Watertown Records for the years 
1634-1678) 

Watertown was the second town to set up town government. (Cf. (1), 
below, with No. 72, above.) The complete records of these years 1634- 
1678 would fill 250 pages of this volume. Note the greater illiteracy 
from about 1650 on, and cf. American History and Government^ § 122. 

(1) August 23, 1634. Agreed by the consent of the Free- 
men, that there shall be Chosen three persons to be [for] the 
ordering of the civill affaires in the Towne [One of them to 
serve as " Towne Clark "] ; and [he] shall keep the Records 
and Acts of the Towne. The three chosen are . . . 

(2) — ember 13. Agreed, by the Consent of the Freemen 
that Robert Seeley and Abram Browne shall measure and lay 
o-ut all the Lotts that are granted. 

Agreed that no man shall fell or cutt down any timber trees 
upon the Common, without the consent of Robert Seeley and 
Abram Browne, and otherwise to pay to the Towne for every 
tree 5s. 

(3) January 3, 1635. Agreed that no man being foreigner 
. . . coming out of England or some other Plantation, shall 
have liberty to sett downe amongst us, unless he first have the 
Consent of the Freemen of the Towne. 

(4) Feb. 21, 1635. Agreed by the freemen that whosoever 
hath a Lott in a generall Inclosure shall fence it with the rest 
according to proportion, and if he shall refuse, the Lott shall 
returne to the Towne againe. . . . 

Agreed, that the towne Clark shall have six pense for every 
Lott of land that he shall Inroll in the towne Booke and bring 
the Party a note under his hand of the situation of it.^ 

(5) August 22, 1635. Agreed that whosoever being an In- 
habitant in theTow^ne shall receive any person, or family upon 

iThls was a fee for a very indefinite description of title : of. (8), below, 
and note. 



REPRESENTATIVE TOWN RECORDS 237 

their propriety that may prove chargeable to the Towne shall 
maintaine the said persons at their owne charges, to save the 
Towne harmeles. 

(6) September 23, 1635. Agreed that (whereas there is a 
dayly abuse in felling of Timber upon the Common) whosoever 
shall offend in felling any Trees • without leave, shall pay for 
every Tree cut downe without order, 20 shillings to the use of 
the Towne. 

(7) November 14, 1635. . . . Agreed that John Warrin and 
Abram Browne shall lay out all the Highwaies, and to see that 
they be sufficiently repaired. 

(8) — ember 30. 1635. Agreed by the Consent of the Freemen 
that these 11 freemen shall order all the Civill Affaires for the 
Towne for this yeare following, and to divide the Lands. ^ . . . 

1 The descriptions of such divisions of lands were exceeding vague, — il- 
lustrated by the following entry from the Records of the Town of Plymouth, — 
rather clearer than the average but selected here because of its brevity : — 

" Ordered to be Recorded pr. Thomas Southworth: 
haveing order att a Townemeeting held the second day of January 1666 for 
the bounding of ten acrees of land graunted to Benjamine Eaton lying above 
the lands that was formerly George Clarkes and betwixt ffrancis Billingtons 
lott and the lotts that were John Cookes ; have layed it out on the westward 
side of the swamp called Brad fords Marsh and on the south side and east end 
of the said land have bounded it with a swamp wood tree standing att or in the 
swamp : from thence the line extends nearest southwest and by west to a Red 
oake tree marked and standing on the westward side of the Topp of a hill ; and 
on the north side and east end next to the swamp with a young walnutt sap- 
ling, and from the said walnut the line extends nearest southwest and by west 
unto a forked Red oake sapling; bounded Aprill nth 1667 pr Will : Crow." 

The following entry of a " deed " from the Early Records of the Toion of 
Providence illustrates the worst cases of land titles : — 

" Be it knowne unto all men by these presences that I, wissawyamake, an 
Ingen about the age of 23 yeares ould, now dwilling at Sekescute ner pro- 
vidinc, have barganed and sould unto thomas Clemenes of providinc one 
medow Containing about 8 Akers mor or lese, a broke at each End and a hille 
on the weaste sid of it and wenasbetuckit river on the other sid of it and have 
sould unto him the free use of the river allso, to which bargen I the sayd 
Ingen do hearby bine me my hayrs Exctors adminstratrs and asignes to 
parfforme the bargon unto Thomas Clemenes his hayrs and asignes and I 
the aforesaid Ingen doe here, by bind me my silfe my hayrs Exctors admin- 
stratrs and asigns uppon the ffortner of our silves forfite unto thomas 



238 DEVELOPMENT OF DEMOCRACY 

(9) [1636] January 29. Ordered, that there shalbe 8 dnjes 
appointed every yeare for the repayring of the Highwaies and 
every man that is Souldier or watchman to come at his ap- 
pointed time with a wheelbarrow, mattock, spade or shovle, 
and for default hereof to pay for every day o shillings to the 
Towne, and a Cart for every day to pay 19 shillings. 

(10) Aprill 23, 1638. Ordered that those Freemen of the 
Congregation shall build and dwell upon their Lotts at the 
Towne plott, and not to alienate them by selling or exchanging 
them to any forrainer, but to Freemen of the Congregation, It 
being our reall intent to sitt down there close togither, and 
therefore these Lotts were granted to those Freemen that in- 
habited most remote from the meeting-house and dwell most 
scattered, . . . 

(11) 1639. D. 31, (Mo. 10.)^ Ordered that if any of the 
Freemen be absent from any Pnblick Towne meeting at the 
time appointed sufficient warning being formerly given, he 
shall forfett for every time to the Towne 2 shillings, 6 d. 

Ordered by the Freemen that the men deputed for to order 
the Civill affaires shall not make any order without consent of 
7 of those Freemen chosen. 

(12) D. 21, (M. 2.) 1640. Ordered that if any Person shall 
suffer his Dog to come to the Meeting upon the Lords day he 
shall forfett for every time 1 s. 

(13) D. 29, (3/. 10.) IGJfO. Ordered that all those Inhabit- 
ants that have beene by Common Consent or vote taken in 
amongst us, or have had Dividents granted to them shalbe accepted 
for Toicnesmeyi, and no others. 

(14) D. 21, (M. 7.) 1641„ Ordered that George Munnings 

Clenienes aud to his hayrs Exstors adminstrators and asignes if I the sayd 
Ingen be not the right honer of the above sayd midowe and do herby warante 
to thomis Clemenes the fall of it agaynst all Engens and men what ever 
under witten this 9th day of January 1654 in the presents of Joshua 
ffoot" " the mark X ol 

" the marks H of henry wissowyamake " 

ffowler " 

1 Tenth month (December), thirty-first day. 



REPRESENTATIVE TOWN RECORDS 239 

is appointed to looke to the Meetinghouse, and to be free from 
Rates [in return for service]. 

(15) D. 5, (M. 5.) 1642. Ordered that Hugh Mason, Thomas 
Hastings, and John Shearman are appointed to set up a suffi- 
cient fence about the Burying Place with a 5-foot pale and 2 
railes well nailed by the 15 of the 2 moneth, and the Towne 
to pay them for it. 

(16) D. 6, (M. 5) 1642. Ordered that there shalbe a new In- 
voice taken of Mens Estates to make the Rates ^ by for this 
yeare. Also that all Lands granted by the Towne shalbe 
rated this yeare. 



Ordered that Land broken up shall pay 


the Acre, 


2 lb 


10s 


Land inclosed not broken 


up the Acre, 




10s 


The further Plaine shall 


pay upon the 






Acre, 






5s 


The dividents, the remote meddows and 






the hither Plaine, 






10s 


The land in lieu of the Towne Plott the 






Acre, 






Is 


The Farmes shall pay upon the Acre, 






The home meddows shall 


pay the Acre, 


1 lb 


10s 


Ordered that Mares, Steeres, and Cowes are rated at 


5 lb 




Heifers, 2 year old, at 




Sib 




Calves, 1 year old, at 




1 lb 


10s 


Calves, under a year, at 




1 lb 




Goats, at 






10s 


Sheep, at 




2 lb 




Hogs, a year old, at 




lib 




Pigs, 3 months old, at 






6s 


Colts, at 






17s 


Lambs, at 






5s 


Kids, at 






2s 



6d 



6d 

M 

(17) D. 20, (M. 10) 1642. Ordered that there shalbe a Rate 
made of 100 lb for to discharge these Debts following : 

Imprimis to Thomas Hastings for charges to the Poore 
and building the house for John Kettle 17 lb 

1 This English term for local taxes was used in the early colonies. 



240 DEVELOPMENT OF DEMOCRACY 

Item, to John Simson 10s 

Item, for fencing the Burying place 6 lb 10s 

Item, formerly due to the Officers 30 lb 

Item, for the Capitall Laws 10s 

Item, for the Court Orders, 3 M 1642 lis Sd 

Item, to John Knolls pastor for 1 quarter 10 lb 

Item, to George Phillips pastor for half yeare due 
Jan. 1 33 Ih 6s Sd 

(18) D. 15, (M. 6.) 1643. Ordered that John Shearman 
shall keepe weights and measures according to the Order of 
the Court for the Tovvnes use and also to take up lost goods. 

(19) [Nov. 15, 1647]. Lieu. Mason complayninge that he 
was burdened with the service of the Towne ; the Towne did 
Release him : and chose Isaac Steearnes in his steade, to be 
one of the Seaven men. 

(20) At A Generall Towne JNIeeting, the 17 (7) 1619. 
Granted to the jMinistry — 160 pounds — for this present year 
beginning the 24th of June last : to be gathered by Rate, and 
to be paied the one halfe the first weeke of December next, 
and the other halfe the first of march Following 

agreed that there shall be a Rate of 90 pounds made for to 
pay Robert Saltonstall : and to Build a Schoole-house : and to 
Build a gallery in the Meetinghouse and to pay other debts 
the Towne oweth. . . . 

John Sherman is apointed to procuere tlie Schoole house 
Built : and to have it built 22 foot long and 14 foot wide and 
9 foot betwene Joynts — also to git a penn of one aker of 
ground fenced in with 4 Railes for the lodging a heard in the 
woods : and to procuer a small house for lodging the heards- 
raan : and to be done in such a place as Deacon Child and 
himself shall thinke best, towards Sudbury Bounds 

(21) the 7d. — 10 mo 1649 . . . 

agreed that John Sherman Shall wright a letter, in the Townes 
name, unto David Mechell of Stamfourth to Certify to him the 
Townes desier of him to Come and keepe School in the towne 

(22) At a Meeteing of the Select men at Sargeng [Seargent] 
Beeres the 10 December 1652. 



REPRESENTATIVE TOWN RECORDS 241 

Agreed by the towne, with the Consent of John Sherman 
that Willyam Barsham shall prise all the Carpenters worke 
aboute the scoolehouse and the Towne shall make payment 
akcording to his award. 

Memorandum There is 22 pounds towards it payd alredy. 

(2.3) December 22, 1652 . . . 

Mr. Norcros is to keepe ascoole upon the same pay and the 
same building as he had the last yeeare. 

James Cuttler and John Traine are Chosen Survayers for 
high wayes for this yeare. 

(24) At a Meeteing of the Select men the 8 (9) 1653. . . . 
Ordered that the C unstable Thomas underwood shall reserve 

in his hand of the Towne Rate 13 bushells 
John Sherman did ^^ j^^^.^^ ^^^.^^ ^^^^ o b^^Qghells of peaze for 
present a plot of the i -i .. i ta v -u- ^ 

great dividents the Thomas plnlpot and Deliver him every weeke 
22/9/1653 one peck of Corne and every month one peck 

of peaze. 

[These commodities had been paid into the town treasury (as taxes), 
and were to be reserved by the "treasurer" (then, the Constable) for 
this case of " poor relief." Wages and salaries also were commonly paid 
in commodities (at legal rates) in New England. Thus, — 

Att a Townemeeting held att the meeting house att Plymouth the 
* day of July 1667 ; It was agreed and concluded as followeth, viz : 

" That the sume of fifty pounds shalbee alowed to Mr. Colton [the min- 
ister] for this present yeare and his wood To be raised by way of Rate to 
be payed in such as god gives, ever onely to he minded that a considerable 
parte of it shalbee jmyed in the bestjmy ; and William Clarke and William 
Crow are appointed by the Towne to take notice of what is payed and 
brought in unto him and to keep an account therof. Joseph howland and 
ffrancis Combe are agreed with by the Towne to find the wood for this 
yeare for the sume of eight pounds." 

The diflSculty was to get "good pay." It is recorded in the accounts 
of Harvard that one student, afterward president of the college, paid 
his tuition with "an old cow," which, good or bad, had to be accepted 
at a fixed rate for coins. ] 

At aMeeting of the Select men 
the 13 / 10 / 1653 

(25) Samuel Banj amine was presented before us for Idelnes 



242 DEVELOPMENT OF DEMOCRACY 

By Mr. Norcros which Did two evidently apeare by his ragged 
Clothes and Divers Debts apearing, but upon his promise of 
amendment hee was released unto the next yeare. 

(26) At apublick Towne meeting the 14 (8) 1654 
Ordered by the Inhabetance that there should be anew meet- 
ing house builded 

Ordered that the place where it shall stand shall be in som 
Convenient place betwene Sargant Brits ende fence and John 
Bisko his rayles. 

Ordered that there shall be raysed by rate upon the inhabe- 
tance one hundred and fifty pounds this yeare for to begin the 
work withall 

Ordered that Cambridg meeting house shall be our pattern 
in all poynts 

Ordered the Select men shall have power to agree with John 
Sherman or any other person to performe tha foresaid work. 

Ordered that the speaces [specie] in which workmen that Doe 
undertake it shall be payed in shall bee one 3d parte wheate, 
and the rest in rye, pease, Indecorne, and Cattell. 

The Select men with the help of willyam Barsham have 
agreed with John Sherman to Build ameeting house Like unto 
Cambridg in all poynts, the Cornish and fane Excepted, and 
to have it finished by the Last of September in 1656 ; and hee 
is to receive of the Towne 400 pounds with the Seates of the 
old meeting house ; which some [sum] is to be payd at 3 sev- 
eral payments, as by artickls of Agreement under hand and 
seale Dooth appeare more fully. 

(27) Att a meeting of the 7 men Nov. 19. (56) 

These are to Shew, that Elizabeth Braibrok widow of Water- 
town e in the County of Middlesex, hath putt her daughter 
(with the approbation of the select men) into the hands of 
Simont Tomson and his wife of Ipswich in the County of Essex, 
rope maker, to be as an apprentice, untill she come to the age 
of eighteene yeares, in which time the said Sarah is to serve 
them in all lawfull comands, and the said Simont is to teach 
her to reade the Englishe Tongue and to instruct her in the 



REPRESENTATIVE TOWN RECORDS 243 

knowleg of god and his wayes, and to provide for the said 
Sarah, holesome meate and drink, with convenient cloathing as 
the seasons doe require and he the said Simont doth ingage 
himselfe and wife, to give the said Sarah at the end of her 
tearme, a good cow, and an ewe sheep with convenient Cloath- 
ing, and if the said Sarah dye within one yeare before her age 
pfixed, that then the said cow and sheep, shall goe to some of 
the children of the said Elizabeth Brabrok. 

This agreement was signed and confirmed by there markes 
of each partie and witnessed as appears in two severall wright- 
ings by Joshua Edmonds 
and in presence of the seaven men 
or the greatest part of them. 
Ephraim Child in the behalfe of the rest. 

(28) At a meeting of the select men at Isaak Sternes his House 

January the 18th 1669 
It was agreed that the select men shall take their turnes 
every man his Day to site upon the gallary to looke to the 
youths that they may prevent miscarigis in the time of publike 
exercises on the Lords Days and also that the two Constables 
shalbe desired to take their turnes to site ther also. 

(29) At a meeting at Leift Beeri's march 3d 1670. 

Ther comeing a complainte to us the selectmen concerneing 
the poverty of Edward Sandersons famelley : that they had 
not wherwith to mainetaine themselves and childeren either with 
suply of provision or emplyment to earne any and considering 
that it would be the charge of the towne to provide for the 
wholl fameley which will be hard to doe this yeer : and not 
knoweing how to suply them with provision : we considereing 
if we shoulde suply them and could doe it, yet it would not 
tend to the good of the childeren for their good eaducation and 
bringeing up soe as they may be usefull in the common weall 
or them selves to live comfortablly and usefuly in time to come. 
We have therfore a greed to put out two of his childeren in to 
sume honist famelleys wher they may be eaducated and brought 
up in the knowlidge of God and sum honist calling or 



244 DEVELOPMENT OF DEMOCRACY 

labor. And therfor we doe order that Thomas Fleg and John 
Bigulah shall have power to binde them prentises with sume 
honist people with the consent of their perants if it may be 
hade, and if the perants shall oppose them, to use the helpe of 
the Magistrate : in the name and with the consent of the 
select men, Thomas Hastings. 

(30) A ametting of the selectmen at Corparall bonds 
the 27th of march 1677 



Agreed with leftenant shearmon to ceep an inglish scoole 
this year and to begin the (9th) of eaprill at the scoole house 
and the town to alow him twenty pounds in the town Beat 
that shall be raized in this yeare (77) and if the said leftenant 
dezireth to lay down his imployment at the years end then he 
shall give the town a quartur of ay ears warning, and if the 
town dezyreth to chang ther scoole master thay shall give the 
like warning. The select men agree allsoo that the said scoole 
shall be cept from the f arst of may to the last of august, 8 owers 
in the day, to witt, to begin at seven in the morning, and not 
to break up untill five at night, noone time acsepted ; and from 
the last of august untill the last of octobur 6 ouers in the day, 
soo allsoo in the munths of march and Eaprill and the 4 wint- 
tur munths to begin at tenn of the clock in the morning and 
continnue untill 2 a clock in the afternoone. 

(31) At ametting of the select men at the house of gregory 

coock : 
this (7th) of Janiwary 1678 : 

The select men sent anoote to leftenant Shearmon and allso 
anoote to Mr goddard to signify to them thay had agreed with 
another man to ceep the scoole when thear year was oute, and 
that thay did thear by give them aquartur of ay ears warning 
according to the ordur uppon the town Booke. 

The select men agreed with mr Richard Norcros to ceep the 
Scoole at the Scoole house for the year foloing and to begin the 
9th of Eaprill 1679, and to teach both Lattin and inglish Scol- 



REPRESENTATIVE TOWN RECORDS 245 

lurs, so many as shall Be sent unto him from the in habitants 
once a week to teach them thear catticise : only in the munths 
of may, June, July and august he is to teach only lattin scollurs 
and writturs and them at his owne house and thear to afford 
them all needfull help, and the other 8 munths at the scoole- 
house both lattin and inglish scollurs, for which the select men 
agree that he shall have twenty pounds out of the town Reat 
to be mead for the yeare 1679, and the town at the Jenarall 
town metting to meak thear anuall Choyse for time to cum : 
this agreement Consented unto by Mr Richard norcros as wit- 
nis his hand. . . . 



XIV. MASSACHUSETTS A:N^D PERSECUTION 

As long as she was permitted to do so, Massachusetts secured religious 
uniformity by expelling or persecuting intruders wlio dissented from the 
established order. This was the practice and theory of all states in that 
day except Holland, Some individuals had advanced further, however, 
both in England and America (cf. American History and Government, 
§ 84, close, for illustrations) ; and religious freedom was the fundamental 
principle in the Rhode Island " experiment " (No. 90, below). 

84. Puritan Arguments for and against Persecution 

a The Siinple Cobbler of Agawam, 16 47 

Nathaniel Ward, minister of Ipswich (Agawam), was one of the few 
of the Massachusetts clergy with democratic leanings. He had been 
helpful in drafting the democratic Body of Liberties (No. 78). But 
like that other democratic minister, Thomas Hooker (No. 93), Ward was 
a strict theocrat. His Simple Cobbler of Aggawamm was published in 
London in 1647. 

. . . First, such as have given or taken any unfriendly 
reports of us New-English, should doe well to recollect them- 
selves. Wee have beene reputed a Colluvies of wild Opinion- 
ists, swarmed into a remote Avildernes to find elbow-roome for 
our phanatick Doctrines and practises : I trust our diligence 
past, and constant sedulity against such persons and courses, 
will plead better things for us. I dare take upon me, to bee 
the Herauld of New-England so farre, as to proclaime to the 
world, in the name of our Colony, that all Familists, Antino- 
mians. Anabaptists, and other Enthusiasts shall have free 
Liberty to keepe away from us, and such as will come to be gone 
as fast as they can, the sooner the better. 

Secondly, I dare averre, that G-od doth no where in his word 
tolerate Christian States to give Tolerations to such adversaries 

246 



NATHANIEL WARD 247 

of his Truth, if they have power in their hands to suppresse 
them. . . . 

Not to tolerate things meerly indifferent to weak consciences, 
argues a conscience too strong : pressed uniformity in these, 
causes much disunity : To tolerate more then indifferents, is not 
to deale indifferently with God : He that doth it, takes his 
Scepter out of his hand, and bids him stand by. . . . 

Concerning Tolerations I may further assert. 

That Persecution of true Religion, and Toleration of false, 
are the Jannes and Jamhres to the Kingdorae of Christ, 
whereof the last isfarre the worst. . . . 

Frederick Duke of Saxon, spake not one foote beyond the 
mark when he said. He had rather the Earth should swallow 
him up quick, then he should give a toleration to any opinion 
against any truth of God. 

He that is willing to tolerate any Religion, or discrepant way 
of Religion, besides his own, unlesse it be in matters meerly 
indifferent, either doubts of his own, or is not sincere in it. 

He that is willing to tolerate any unsound Opinion, that his 
own may also be tolerated, though never so sound, will for a 
need hang Gods Bible at the Devills girdle. 

Every Toleration of false Religions or Opinions hath as many 
Errours and sins in it as all the false Religions and Opinions it 
tolerats, and one sound one more. 

That State that will give Liberty of Conscience in matters of 
Religion, must give Liberty of Conscience and Conversation in 
their Morall Laws, or else the Fiddle will be out of tune, and 
some of the strings crack. 

Experience will teach Churches and Christians, that it is farre 
better to live in a State united, though a little Corrupt, then in a 
State, whereof some Part is incorrupt, and all the rest divided. 

. . . There is talk of an universall Toleration. I would talke 
as loud as I could against it, did I know what more apt and 
reasonable Sacrifice England could offer to God for his late 
performing all his heavenly Truths then an universall Tolera- 
tion of all hellish Errors, or how they shall make an universall 



248 MASSACHUSETTS AND PERSECUTION 

Reformation, but by making Christs Acaderny the Divills 
University, where any man may commence [graduate] Heretique 
per saltum; where he that is Jilius Diabolicus, or simplidter 
pessimus, may have his grace to goe to Hell cum Publico 
Privilegio; and carry as many after him, as he can. . . . 

It is said, Though a man have light enough him self e to see 
the Truth, yet if he hath not enough to enlighten others, he is 
bound to tolerate them, I will engage my self, that all the 
Devills in Britanie shall sell themselves to their shirts, to pur- 
chase a Lease of this Position for three of their Lives, under 
the Scale of the Parliament. 

It is said. That Men ought to have Liberty of their Conscience, 
and that it is persecution to debarre them of it : I can rather 
stand amazed then reply to this : it is an astonishment to 
think that the braines of men should be parboyl'd in such im- 
pious ignorance ; Let all the wits under the Heavens lay their 
heads together and finde an Assertion worse then this (one 
excepted) I will petition to be chosen the universall Ideot of 
the world. . . . 

The true English of all this their false Latine is nothing but 
a generall Toleration of all Opinions. . . . 

h. From tJw Wonder-working Providence of Sions Sa- 
viour in J^ew England {Boole III, Chapter V) 

This quaint history was printed in London in 1654, anonymously. 
The original manuscript lias never been discovered. Tradition ascribes 
the authorship to Captain Edward Johnson, one of the companions of 
Winthrop in the migration of 1630. 

. . . and in the year 1648 they [the laws] were printed, 
and now are to be seen of all men, to the end that none may 
plead ignorance, and that all who intend to transport them- 
selves hither, may know this is no place of licentious liberty, 
nor will this people suffer any to trample down this Vineyard 
of the Lord, but with diligent execution will cut off from the 
city of the Lord the wicked doers, and if any man can shew 
wherein any of them derogate from the Word of God, very 



SALTONSTALL AND COTTON 249 

willingly will they accept thereof, and amend their imper- 
fections (the Lord assisting) but let not any ill-affected persons 
find fault with them, because they suit not with their own 
humour, or because they meddle with matters of Religion, 
for it is no wrong to any man, that a people who have spent 
their estates, many of them, and ventured their lives for to 
keep faith and a pure conscience, to use all means that the 
Word of God allows for maintenauce and continuance of the 
same, especially [when] they have taken up a desolate Wilderness 
to be their habitation, and not deluded any by keeping their 
profession in huggermug, but print and proclaim to all the way 
and course they intend, God willing, to walk in ; [and] if any 
will yet notwithstanding seek to justle them out of their own 
right, let them not wonder if they meet with all the opposition 
a people put to their greatest straits can make ; . . . but . . . 
it seems unreasonable, and savours too much of hypocricie, 
that any people should pray unto the Lord for the speedy 
accomplishment of his Word in the overthrow of Antichrist, 
and in the mean time become a Patron to sinful opinions and 
damnable errors that oppose the truths of Christ. . . . 

c. Discussion hetiueeiv Saltonstall and Cotton {about 
1650) 

Hutchinson's Collection of Original Papers (1769), 401-406. 

Saltonstall was the chief founder of Watertown, and one of the signers 
of the Cambridge Agreement (No. 58 h). Like his town, he was inclined 
to democracy in politics and to " Separation " in religion. This letter 
to the Boston pastors was written from England (to which he had re- 
turned in 1631) about 1650. Both letters are without dates. 

(1) Sir Richard Saltonstall to Mr. Cotton and Mr. Wilson 

Reverend and deare friends, whom I unfaynedly love and 
respect : 

It doth not a little grieve my spirit to heare what sadd 
things are reported dayly of your tyranny and presecutions in 
New-England, — as that youfyne, whip, and imprison men for their 



250 MASSACHUSETTS AND PERSECUTION 

consciences. First, you compell such to come into your assem- 
bly es as you know will not joyne with you in your worship, and 
when they shew their dislike thereof or witnes against it, 
then you styrre up your magistrates to punish them for such 
(as you conceyve) their publicke affronts. Truely, friends, 
this your practice of compelling any in matters of worship to 
doe that whereof they are not fully persuaded, is to make 
them sin ; for soe the apostle (Rom. 14 and 23.) tells us ; and 
many are made hypocrites thereby, conforming in their outward 
man for feare of punishment. We pray for you and wish you 
prosperitie every way, [and] hoped the Lord would have given 
you so much light and love there that you might have been 
eyes to God's people here, and not to practice those courses in 
a wildernes which you went so farre to prevent. These rigid 
wayes have layed you very lowe in the hearts of the saynts. 
I doe assure you I have heard them pray in the publique 
assemblies that the Lord would give you meeke and humble 
spirits, not to stryve soe much for uniformity as [instead] to 
keepe the unity of the spirit in the bond of peace. 

When I was in Holland about the beginning of our warres, 
I remember some christians there, that then had serious 
thoughts of planting in New-England, desired me to write to 
the governor thereof to know if those that differ from you 
in opinion, yet houlding the same foundation in religion (as 
Anabaptists, Seekers, Antinomians, and the like), might be 
permitted to live among you ; to which I received this short 
answer from your then governour Mr. Dudley; God forbid (said 
he) our love for the truth should be growne soe could that we should 
tolerate errours: and when (for satisfaction of myself and others) 
I desired to know your grounds, he referred me to the books 
written here between the Presbyterians and Independents ; — 
which if that had been sufficient, I needed not have sent soe 
farre to understand the reasons of your practice. I hope you 
do not assume to yourselves infallibilitie of judgment, when 
the most learned of the Apostles confesseth he knew but in 
parte and sawe but darkely as through a glass ; for God is 



SALTONSTALL AND COTTON 251 

light, and no further than he doth illuminate us can we see, be 
our partes and learning never soe great. Oh that all those 
who are brethren, though yet they cannot thinke and speake 
the same things might be of one accord in the Lord. Now 
the God of patience and consolation grant you to be thus 
mynded towards one another, after the example of Jesus 
Christ our blessed Savyor, in whose everlasting armes of pro- 
tection hee leaves you who will never leave to be 
Your truly and much affectionate 
friend in the nearest union, 

Ric. Saltoxstall. 

For my reverend and worthyly much esteemed friends Mr. Cotton and 
Mr. Wilson, preachers to the church which is at Boston in New-England, 
give this. 

(2) Mr. Cotton^s Answer to Sir Richard Saltonstall 

. . . You thinke to compell all men in matter of worship is 
to make men sinne (according to Rom. 14. 23.). If the worship 
be lawfull in itselfe, the magistrate compelling him to come to 
it compelleth him not to sinne, hitt the sinne is in his ivill that 
needs to be compelled to a christian duty. Josiah compelled all 
Israel, or (which is all one) made to serve the Lord their God, 
2 Chron. 31. 33. yet his act herein was not blamed but recorded 
amongst his virtuous actions. For a governour to suffer any 
within his gates to prophane the sabbath, is a sinne against the 
4th commandment, both in the private householder and in the 
magistrate ; and if he requires them to present themselves 
before the Lord, the magistrate sinneth not, nor doth the 
subject sinne so great a sinne as if he did refraine to come. . . . 

But (say you) it doth but make men hypocrites to compell 
men to conforme the outward man for feare of punishment. 
If it did so, yet better to be hypocrites than prophane persons. 
Hypocrites give God part of his due, the outward man, but the 
prophane person giveth God neither outward nor inward 
man. . . . 

What you wrote out of Holland to our then governor Mr. 



252 MASSACHUSETTS AND PERSECUTION 

Dudley, in behalfe of Anabaptists, Antinomians, Seekers, and 
the like, it seenieth, mett with a short answer from him, but 
zealous ; for zeal will not beare such mixtures as coldnesse or 
lukewarmenesse will, Revel. 2. 2. 14. 15. 20. 

85. Criticism by a Moderate Episcopalian and Monarchist 

Lechford's " Plaiiie Dealing " (1641), reprinted in Massachusetts His- 
torical Society Collections, Third Series, III, 55 ff. 

Thomas Lechford was in New England from 1637 to 1641. His point 
of view is not seriously unfriendly. 

. . . And I doe not this, God knoweth, as delighting to lay 
open the infirmities of these well-affected men, many of them 
my friends, — but that it is necessary, at this time, for the whole 
Church of God, and themselves, as I take it. Besides, many of 
the things are not infirmities, but such as I am bound to protest 
against ; yet I acknowledge there are some wise men among 
them who would help to mend things, if they were able. . . . 
And I think that wiser men then they, going into a wildernesse 
to set up another strange government differing from the settled 
government here, might have falne into greater errors then 
they have done. 



[After describing the method of organizing a church.] And 
the generall Court will not allow of any Church otherwise 
gathered. 

Some Ministers have there heretofore, as I have heard, dis- 
claimed the power of their Ministry, received in England, but 
others among them have not. Generally, for the most part, 
they hold the Pastors and Teachers ofi&ces to be distinct ; the 
Teacher to minister a word of knowledg, the Pastor a word of 
wisdome, but some hold them all one ; as in the Church of Water- 
towne, there are two Pastors, neither will that Church send 
any messengers to any other Church-gathering or ordination.^ 

1 The Watertown church had strong Separatist tendencies (cf . No. 64) . 
Heuce, in part, its democratic inclination. 



LECHFORD'S " PLAINE DEALING" 253 

. . . Now the most of the jwrsons at New-England are not 
admitted of their Church, and therefore are not Freemen, and 
when they come to be tryed there, be it for life or limb, name 
or estate, or whatsoever, they must bee tryed and judged too 
by those of the Church, who are in a sort their adversaries : 
how equall that hath been or may be, some by experience doe 
know, others may judge. 

Profane swearing, drunkennesse, and beggers, are but rare 
in the compasse of this Patent, through the circumspection of 
the Magistrates, and the j^rovidence of God hitherto, the poore 
there living by their labours and great wages, proportionably, 
better then the rich by their stocks, which without exceeding 
great care, quickly waste. . . . 

But the people begin to complain [that] they are ruled like 
slaves, and in short time shall have their children for the most 
part remain unbaptized : and so have little more privilege than 
Heathens, unlesse the discipline be amended. . . . 

When I vxts to come away, one of the chief est in the Country 
wished me to clelioer him a note of tvhat things I mi si iked in the 
Country, ivhich I did, thus : 

I doubt, 

1. Whether so much time should be spent in the publique 
Ordinances, on the Sabbath day, because that thereby some 
necessary duties of the Sabbath must be needs be hindered, 
as visitation of the sick, and poore, and family. 

2. Whether matters of offence should be publiquely handled, 
either before the whole Church, or strangers. 

3. Whether so much time should be spent in particular 
catechizing those that are admitted to the communion of the 
Church, either men or women ; or that they should make long 
speeches ; or when they come publiquely to be admitted, any 
should speak contradictorily, or in recommendation of any, 
unlesse before the Elders, upon just occasion. 

4. Whether the censures of the Church should be ordered, 
in publique, before all the Church, or strangers, other then the 
denunciation of the censures, and pronunciation of the solutions. 



254 MASSACHUSETTS AND PERSECUTION 

5. Whether any of our Nation, that is not extremely ig- 
norant or scandalous, should bee kept from the Communion, 
or his children from Baptisme . . . 

10. That the civill government is not so equally adminis- 
tered, nor can be, divers orders or bylaws considered. 

11. That unlesse these things be wisely and in time pre- 
vented, many of your usefullest men will remove and scatter 
from you. 

Certain Quaeres about Church government, planting Churches, 
and some other Experiments. 

******* 

32. Whether or no to maintain a desired purity or perfec- 
tion in the Magistracie, by election of the people, these good 
men of New-England, are not forced to be too strict in receiv- 
ing the brethren, and to run a course tending to heathenisme ? 

33. Whether have not popular elections of chiefe Magis- 
trates beene, and are they not, very dangerous to States and 
Kingdomes ? Are there not some great mysteries of State 
and government ? Is it possible, convenient, or necessary, for 
all men to attain to the knowledge of those mysteries, or to 
have the like measure of knowledge, faith, mercifulnesse, wis- 
dome, courage, magnanimity, patience ? Whence are Kings 
denominated, but from their skill and knowledge to rule ? 
whereto they are even born and educated, and by long expe- 
rience, and faithfull Counsellors enabled, and the grace and 
blessing of G-od upon all ? Doe not the wise, good, ancient, 
and renowned Laws of England attribute much, yea, very 
much trust and confidence to the King, as to the head and 
supreame Governour, though much be also in the rest of the 
great body, heart and hands, and feete, to counsell, maintain, 
and preserve the whole, but especially the Head ? 

34. Hence what government for an Englishman but an he- 
reditary, successive, King, the son of Nobles, well counselled 
and assisted ? 



PRESBYTERIANS AND THE FRANCHISE 255 

I thank God, now I understand by experience, that there is 
no such government for Englishmen, or any Nation, as a 
Monarchy ; nor for Christians, as by a lawfull Ministrie, un- 
der godly Diocesan Bishops. . . . 

86. A Presbyterian Demand for the Franchise, 1646 

Hutchinson's Collection of Original Papers (1769), 188-194. Less than 
half the document is given here. 

To the worshipful the Governor, the Deputy Governor, and 
the rest of the Assistants of the Massachusets Bay in New- 
England, together with the Deputyes of the Generall Court 
now assembled at Boston. 

The Remonstrance and humble Petition of us whose names 
are underwritten, in behalfe of ourselves and divers others 
within this jurisdiction, humbly sheweth. 

That we cannot but with all thankfulness acknowledge your 
indefategable paines, continuall care, and constant vigilancy, 
which, by the blessing of the Almighty, hath procured unto 
this wilderness the much desired fruits of peace and plenty . . . 
And further, that you whom the Lord hath placed at the 
helm . . . are best able to foresee the clouds which hang 
over our heads . . . Notwithstanding, those ivho are under decks 
. . . may jjerceive those leaks which will inevitably sink this weake 
and ill compacted ve^^sell, if not by your wisdoms prevented . . . 
Not to trouble you . . . with many words, we shall briefly 
refer re them to their heads . . . 

1. Whereas this place hath been planted by the incourage- 
ment, next under God, of letters patents given and granted 
by his Majesty of England to the inhabitants thereof, with 
many privileges and immunities, viz., . . . Notwithstanding, we 
cannot, according to our judgments, discerne a setled forme 
of government according to the lawes of England, which may 
seeme strange to our countrymen, yea to the whole world, 
especially considering we are English. Neither do we under- 
stand and percey ve our owne lawes or libertyes, or any body of 



256 MASSACHUSETTS AND PERSECUTION 

lawes here so established, as that thereby there may be a sure 
and comfortable enjoyment of our lives, libertyes, and estates, 
according to our due and naturall rights, as free borne subjects 
of the English nation. By which, many inconveniences flow 
into plantations, Viz. jealousies of introducing arbitrary govern- 
ment, which manny are prone to beleeve, construing the pro- 
crastination of such setled lawes to proceed from an overgreedy 
spirit of arbitrary power (which it may be is their weaknes) 
such proceedings being detestable to our English nation, and 
to all good men, and at present the chief cause of the intes- 
tine warre in our deare country.^ Further, it gives cause to 
many to thinke themselves hardly dealt with, others too much 
favored, and the scale of justice too much bowed and unequally 
balanced. From whence also proceedeth feares and jealousies 
of illegall committments, unjust imprisonments, taxes, rates, 
customes, levyes of ungrounded and undoing assessments, 
unjustifiable presses, undue fynes, unmeasurable expences and 
charges, of unconceyvable dangers through a negative or 
destructive vote unduly placed, and not well regulated, — in a 
word, of a non-certainty of all things we enjoy, whether lives, 
liberties, or estate; and also of undue oaths, being subject to 
exposition, according to the will of him or them that gives 
them, and not according to a due and unbowed rule of law . . . 

Wherefore our humble desire and request is, that you would 
be pleased to consider of our present condition and upon what 
foundation we stand, and unanimously concurr to establish the 
fundamentall and wholesome lawes of our native country, and 
such others as are no wayes repugnant to them, unto which all 
of us are most accustomed ; and we suppose them best agree- 
able to our English tempers, and yourselves obliged thereunto 
by the generall charter and your oathes of allegiance. . . . 

2. Wfiereas there are inany thousands in these plantations, of 
the English nation, freeborne, quiett and peaceable men, righteous 
in their dealings, forward ivith hand, heart and x)UTse, to advance 
the piiblicJc good, knowne friends to the honorable and victorious 

1 The Civil War in England between King and Parliament. 



PRESBYTERIANS AND THE FRANCHISE 257 

Houses of Parliament, lovers of their nation, etc. idto are debarred 
from all cicill irrtployments (without any just cause that we 
know; not being permitted to bear the least office (though it 
cannot be denied but some are well qualifyedj no not so much 
as to have any vote in choosing magistrates, caj>tains or other 
civill and military officers ; notwithstanding they have here 
expended their youth, borne the burthen of the day, wasted 
much of their estates for the subsistence of these poore 
plantations, paid all assessments, taxes, rates, at least equall, 
if not exceeding others, yea when the late warre was denounced 
against the Narrowganset Indians, without their consent, their 
goods were seized on for the service, themselves and servants 
especially forced and impressed to serve in that warre, to thie 
hazarding of all things most dear and near unto them, whence 
issue forth many great inconveniences, secret discontents, 
murmurings, rents in the plantations, discouragements in 
their callings, unsettlednes in their minds, strife, contention, 
and the Lord only knows to what a flame in time it may 
kindle ; also jealousies of too much unwarranted power and 
dominion on the one side, and of perpetual slavry and bondage 
on the other, and, which is intollerable, even by those who 
ought to love and respect them as brethren. 

We therefore desire that cicill liberty and freedom be forthicith 
graivted to all truely English, equallto the rest of their countrymen, 
as in all plantations is accustomed to be done, and as all freeborne 
enjoy in our native country (we hoping here in some things to 
enjoy greater liberties than elsewhere, counting it no small losse 
of liberty to be as it were banished from our native home, and 
enforced to lay our bones in a strange wildernes) without im- 
posing any oathes or covenant on them, . . . Further, that 
none of the English nation, who at this time are too forward to 
be gone, and very backward to come hither, be banished, unles 
they break the known lawes of England in so high a measure, 
as to deserve so high a punishment ; and that those few that 
come over may settle here without having two magistrates 
hands, which sometimes not being possible to obtain, hath pro- 



258 MASSACHUSETTS AND PERSECUTION 

cured a kind of banishment to some, who might have been serv- 
iceable to this place, as they have been to the state of England, 
etc. And we likewise desire that no greater punishments be 
inflicted upon offenders than are allowed and sett by the laws 
of our native country. 

3. Whereas there are diverse sober, righteous and godly men, 
eminent for knowledge and other gracious gifts of the holy 
spirit, no wayes scandalous in their lives and conversation, mem- 
bers of the church of England (in all ages famous for piety and 
learning) not dissenting from the latest and best reformation 
of England, Scotland, etc. yet they and their posterity are de- 
teined from the scales of the covenant of free grace, because, 
as it is supposed, they will not take these churches covenants, 
for which as yet they see no light in Gods word ; neither can 
they clearly perceive what they are, every church having their 
covenant differing from anothers, at least in words. . . . 

We therefore humbly intreat you, in whose hands it is to 
help and whose judicious eyes discern these great inconven- 
iences, for the glory of God and the comfort of your brethren 
and countrymen, to give liberty to the members of the church 
of England, not scandalous in their lives and conversations 
(as members of these churches) to be taken into your congrega- 
tion and to enjoy with you all those liberties and ordinances 
Christ hath purchased for them. . . . ^ 

These things being granted ... we hope to see the now 
contemned ordinances of God highly prized ... To conclude, 
all businesses in church and commonwealth (which for many 
years have seemed to go backward . . .) successfully thriving 



Subscribed 
Robert Child ^ [and six others] . 



1 The Church of England at this time was Presbyterian. 

2 In the reply of the General Court, Dr. Child is referred to as " a Paduan 
Doctor (as he is reputed), lately come into the country, who hath not so much 
as tasted of their grievances, nor like to doe, being a bachelor and only a so- 
journer, who never payd a penny to any publick charge, though (of his owne 
good will) he hath done something for publick use." 



COMPULSORY CHURCH ATTENDANCE 259 

87. Punishment for not Attending "Approved" Churches, 1666 

Thomas Hutchinson's Collection of Original Papers (1769), 399-400. 
Hutchinson adds in a note that the three persons here condemned were 
Baptists who were trying to set up a church in Boston. 

At a county court held at Cambridge, on adjournment, 
Aprill 17. 1666. 

Thomas Goold, Thomas Osburne and John George being 
presented by the grand jury of this county for absenting 
themselves from the publick worship of God on the Lords 
dayes for one whole yeare now past, alledged respectively 
as followeth, viz. 

Thomas Osburne answered, that the reason of his non- 
attendance was, that the Lord hath discovered unto him from 
his word and spirit of truth that the society, wherewith he 
is now in communion, is more agreeable to the will of God : 
asserted that they were a church and attended the worship 
of God together, and do judge themselves bound so to do, the 
ground whereof he said he gave in the general court. 

Thomas Goold answered, that as for coming to publique 
worship they did meet in publique worship according to the 
rule of Christ, the grounds whereof they had given to the 
court of assistants : asserted that they were a publique meet- 
ing, according to the order of Christ Jesus gathered together. 

John George answered, that he did attend the publique 
meetings on the Lord's dayes where he was a member ; as- 
serted that they were a church according to the order of Christ 
in the gospell, and with them he walked and held communion 
in the publique worship of God on the Lord's dayes. 

Whereas at the general court in October last, and at the 
court of assistants in September last endeavours were used 
for their conviction [and that] the order of the generall court 
declaring the said Goold and company to be no orderly church 
assembly and that they stand convicted of high presumption 
against the Lord and his holy appoyntments was openly read 
to them and is on file with the records of this court : — 



260 MASSACHUSETTS AND PERSECUTION 

The court sentenced the said Thomas Goold, Thomas Osburne, 
and John George, for their absenting themselves from the 
publique worship of God on the Lords dayes, to pay foure 
pounds fine, each of them, to the county order. And whereas 
by their owne confessions they stand convicted of persisting 
in their schismaticall assembling themselves together, to the 
great dishonour of God and our profession of his holy name, 
contrary to the act of the generall court of October last 
prohibiting them therein on penalty of imprisonment, this 
court doth order their giving bond respectively in 20/. each 
of them, for their appearance to answer their contempt at the 
next court of assistants. 

The abovenamed Thomas Goold, John George, and Thomas 
Osburne made their appeale to the next court of assistants, 
and refusing to put in security according to law were com- 
mitted to prison. 

88. Quaker Persecutions 

a. Edwairl Biirrou^Ws vippeal to Charles II 

Edward Burrough's Declaration of the Sad and Great Persecution 
and Martyrdom of Quakers in New England (London, 1660), 17-20. 
All italics in this extract are in the original. 

... 2. TWELVE Strangers in that Country, but free-born 
of this Nation, rccfibcti ttoentu tfjrce OTl}ipping5, the most of 
them being with a Whip of three Cords, with Knots at the ends, 
and laid on with as much strength as they could be by the 
Arm of their Executioner, the stripes amounting to TJiree 
hundred and seventy. 

3. Eighteen Inhabitants of the Country, being free-born 
English, received tiucntu t!)rec TOljipptnigs, the stripes amounting 
to tfa30 i)imtir£t( anti fiftu. 

4. Sixty four Imprisonments of the Lords People, for their 
obedience to his Will, amounting to jjiti£ l)unt(r£tJ ant( nineteen 
ineeks, much of it being very cold iveather, and the Inhabitants 
kept in Prison in harvest time, which was very much to their 



QUAKER PERSECUTIONS 261 

losse ; besides many more Imprisoned, of which time we can- 
not give a just account. 

5. Two beaten with ^itcl^cti 2^apcs, the blows amounting to 
an t}untirctJ t!)irtu nine, by which one of them was brought near 
unto death, much of his body being beat \ikt unto a jcllg, and 
one of their own Doctors, a Member of their Church, who saw 
him, said, Itivoidd he a Miracle if ever he recovered, he expecting 
thejiesh should rot off the bones; who afterwards was banished 
upon pain of death. There are many Witnesses of this there. 

6. Also, an Innocent man, an Inhabitant of Boston, they 
banist}eti from his Wife and Children, and put to seek a hab- 
itation in the Winter ; and in case he returned again, he was 
to be kept Prisoner during his life : and for returning again, 
he was put in Prison, and hath been now a Prisoner above a 
year. 

7. Twenty five iSanisfjmcnts, upon the penalties of being 
tofjipt, or having t|)cir Ears cut ; or branticti in t\}t J^anti, if they 
returned. 

8. Fines laid upon the Inhabitants for meeting together, 
and edifying one another, as the Saints ever did ; and for 
refusing to stoear, it being contrary to Christ's Command, 
amounting to about a ^Tfjousanti pounb, besides what they have 
done since, that we have not heard of; many Families, in 
which there are many Children, are almost ruined, by these 
unmerciful proceedings. 

9. Five kept Fifteen dayes (in all) without food, and Fifty 
eight dayes shut up close by the Jaylor, and had none that he 
knew of ; and from some of them he stopt up the windows, 
hindring them from convenient air. 

10. One laid Neck anti J^eels in Irons for sixteen hours. 

11. One bertJ tieeplu burnt in the right hand loith the letter H. 
after he had been whipt with above Thirty stripes. 

12. One chained the most part of Twenty dayes to a Logg 
of wood in an open Prison in the Winter-time. 

13. Five Appeals to England, denied at Boston. 

14. Three fjati tf)cir rig|)t 353^3 cut bo tf)c J^angman in tfje 



262 MASSACHUSETTS AND PERSECUTION 

prison, the Door being barred, and not a Friend suffered to be 
present while it was doing, though some much desired it. 

15. One of the Inhabitants of Salem, who since is banished 
upon pain of Death, had one half of his House and Land seized 
on while he icas in Prison, a month before he knew of it. 

16. At a General Court in Boston, they made an Order, 
2r]^at tf)ose ijof}a l^atj not iiif}crcijciit!)al to anslner i}}t jFines tf)at toere 
laiti upon tlKin (for their Consciences) s!}oulti ht solti far 53onti= 
men, anil Bonti^lnomcn ta Barbados, Virginia, or auu of i\}t English 
plantations. 

17. Eighteen of the people of God were at several times 
banished npon pain of Bcati^, six of them were their own In- 
habitants, two of which being very aged people, and well 
known among their Neighbours to be of honest Conversations, 
being Banished from their Houses and Families, and put upon 
Travelling and other hardships, soon ended their dayes ; whose 
Death we can do no lesse than charge upon the Eulers of 
Boston, they being the occasion of it. 

18. Also three of the Servants of the Lord tljcu put to 
©catf), all of them for obedience to the Truth, in the Testimony 
of it against the wicked Rulers and Laws at Boston. 

19. And since they have banished four more, upon pain of 
Death; and twenty four of the Inhabitants of Salem were 
presented, and more Fines called for, and their Goods seized 
on, to the value of Forty pounds, for meeting together in the 
fear of God, and some for refusing to swear. 

These things (0 King) from time to time have we patiently 
suffered, and not for the trangression of any Just or Righteous 
Law, either pertaining to the Worship of God, or the Civil 
Government of England, but simply and barely for our Con- 
sciences to God, of which we can more at large give Thee 
(or whom thou mayest order) a full Account (if Thou wilt let 
us have admission to Thee, who are Banished upon pain of 
Death, and have had our Ears cut, who are, some of us, in 
England attending upon Thee) both of the Causes of our 
Sufferings, and the Marnier of their disorderly and illegal Pro- 



QUAKER PERSECUTION 263 

ceeding against us ; who begun initf} JImmolJcstg, went on lit 
J)nt)iimanitg and Crueltu, and were not satisfied until tf}rg !)ati 
tfjc lilootJ of i\)ut of ti}C fflartors of JESUS: Revenge for all 
which we do not seek, but lay them before Thee, considering 
Thou hast been well acquainted with Sufferings, and so mayest 
the better consider them that suffer, and mayest for the future 
restrain the Violence of these Rulers of Neiv-England, having 
Power in Thy hands ; they being but the Children of the 
Family, of which Thou art Chief Ruler; Who have in divers 
of their Proceeding's forfcitcO tijcir patent; as upon a strict 
Inquiry in many particulars will appear. 

And this, King, we are assured of, that in time to come it 
will not repent Thee, if by a Close Rebuke Thou stoppest the 
Blootig Procfctiings of these Blootiu persecutors ; for in so doing, 
Thou wilt engage the hearts of many honest People unto 
Thee, both there and here ; and for such Works of Mercy, the 
Blessing is obtained, and shewing it, is the way to prosper. . . . 

h. A Quaker Trial at Boston, 1661 ^ 

Joseph Besse's Collection of the Sufferings of the People called Quakers 
(1753), II, 222-223. Italics as in the original. 

AxNO 1661. At the said next General-Court, Wenlock Chris- 
tison was again brought to the Bar. 

The Governour asked him, What he had to say for himself, ivhy 
he should not die ? 

Wenlock. I have done nothing worthy of Death ; if I had, 
I refuse not to die. 

Governour. Thou art come in among us in Rebellion, ivhich is 
as the Sin of Witchcraft, and ought to be punished. 

Wenlock. I came not in among you in Rebellion, but in Obe- 
dience to the God of Heaven ; not in Contempt to any of you, 
but in Love to your Souls and Bodies ; and that you shall know 
one Day, when you and all Men must give an Account of your 

1 This document belongs chronologically in the next general division (CO, 
below ; but it is most conveniently presented here. 



264 MASSACHUSETTS AND PERSECUTION 

Deeds done in the Body. Take heed, for you cannot escape 
the righteous Judgments of God. 

Major-General Adderton. You x>'>'onounce Woes and Judg- 
ments, and those that are gone before you pronounced Woes and 
Judgments ; hut the Judgments of the Jjord God are not come upon 
us yet. 

Wenlock. Be not proud, neither let your Spirits be lifted up ; 
God doth but wait till the Measure of your Iniquity be filled 
up, and that you have seen your ungodly Race, then will the 
Wrath of God come upon you to the uttermost ; And as for 
thy part, it hangs over thy Head, and is near to be poured 
down upon thee, and shall come as a Thief in the Night sud- 
denly, v/hen thou thinkest not of it. By what Law will ye 
put me to Death ? 

Court. We have a Laiv, and by our Law you are to die. 

Wenlock. So said the Jews of Christ, We have a Law, and 
by our Laiv he ought to die. Who empowered you to make 
that Law ? 

Court. We have a Patent, and are Patentees; judge ivhether 
ive have not Power to make Laivsf 

Wenlock. How ! Have you Power to make Laws repugnant 
to the Laws of England f 

Governour. Nay. 

Wenlock. Then you are gone beyond your Bounds, and have 
forfeited your Patent, and this is more than you can answer. 
Are you Subjects to the King, yea, or nay ? 

Secretary jRcuc'soTi. What ivill you infer from that f what Good 
IV ill that do you f 

Weidock. If you are, say so ; for in your Petition to the 
King, you desire that he will protect you, and that you may be 
worthy to kneel among his loyal Subjects. 

Court, Yes. 

Wenlock. So am I, and for any thing I know, am as good as 
you, if not better ; for if the King did but know your Hearts, 
as God knows them, he would see, that your Hearts are as 
rotten towards him, as they are towards God. Therefore see- 



QUAKER PERSECUTION 265 

ing that you and I are Subjects to the King, I demand to be 
tried by the Laws of my own Nation. 

Court. You shall be tried by a Bench and a Jury. 

Wenlock. That is not the Law, but the Manner of it ; for if 
you will be as good as your word, you must set me at Liberty, 
for I never heard or read of any Law that was in England to 
hang Quakers. 

Governour. There is a Law to hang Jesuits. 

Wejilock. If you put me to Death, it is not because I go under 
the name of a Jesuit, but a Quaker, therefore I do appeal to the 
Laws of my own Nation. 

Court. You are in our Hand, and have broken our Laivs, and 
we will try you. 

Wenlock. Your Will is your Law, and what you have Power 
to do, that you will do : And seeing that the Jury must go 
forth on my Life, this I have to say to you in the Fear of the 
Living God : Jury, take heed what you do, for you swear by 
the Living God, That you ivill true Trial make, and just Verdict 
give, according to the Evidence. Jury, look for your Evidence : 
What have I done to deserve Death ? Keep your Hands out 
of innocent Blood. 

A Juryman. It is good Coimsel. 

The Jury went out, but having received their Lesson, soon 
returned, and brought in their Verdict Guilty. 

Wenlock. I deny all Guilt, for my Conscience is clear in 
the Sight of God. 

Governour. TJie Jury hath condemned thee. 

Wenlock. The Lord doth justify me; who art thou that con- 
demnest ? 

Then the Court proceeded to vote as to the Sentence of 
Death, to which several of them, viz. Richard Russel and 
others, would not consent, the Innocence and Stedfastness of 
the Man having prevailed upon them in his Favour. There 
happened also a Circumstance during this Trial, which could 
not but affect Men of any Tenderness or Consideration, which 
was, that a Letter was sent to the Court from Edward Wharton^ 



266 MASSACHUSETTS AND PERSECUTION 

signifying, That ivhereas they had banished him onpain of Death, 
yet he ivas at Home in his own House in Salem, and therefore 
proposing, TJiat they would take off their icicked Sentence from 
him, that he might go about his Occasions out of their Jurisdictio7i. 
This Circumstance, however affecting to others, did only en- 
rage Endicot the Governour, who was very much displeased, 
and in much Anger cried out, I could find in my Heart to go 
Home. 

Wenlock. It were better for thee to be at Home than here, 
for thou art about a bloody piece of Work. 

Governour. You that will not consent, record it. I thank 
God, I am not afraid to give Judgment. Wenjock Christison, 
hearken to your Sentence: You must return unto the Place from 
ivhence you came, and from thence to the Place of Execution, and 
there you must be hanged until you be dead, dead, dead, upon the 
13th Day 0/ June, being the Fifth-day of the Week. 

Weyilock. The Will of the Lord be done : In whose Will I 
came amongst you, and in his Counsel I stand, feeling his 
Eternal Power, that will uphold me unto the last Gasp, I do 
not question it. Known be it unto you all, That if you have 
Power to take my Life from me, my Soul shall enter into 
Everlasting Rest and Peace with God, where you yourselves 
shall never come : And if you have Power to take my Life 
from me, the which I do question, I believe you shall never 
more take Quakers Lives from them : Note my Words. Do 
not think to weary out the Living God by taking away the 
Lives of ]us Servants: What do you gain by it? For the 
last Man you put to Death, here are five come in his Room. 
And if you have Power to take my Life from me, God can 
raise up the same Principle of Life in ten of his Servants, and 
send them among you in my Room, that you may have Tor- 
ment upon Torment, which is your Portion : For there is no 
Peace to the Wicked, saith my God. 

Governour. Take him aivay. . . . 



XV. RHODE ISLAND TO 1660 
89. A Compact in Civil Things Only, 1336 (?) 

Early Records of the Tovm of Providence (1892), 1. 

These Becords were printed from the original manuscript records. In 
1800, a manuscript " transcript " had been made of tliose records (without 
attempt to preserve the original spelling, and with various errors) ; and 
this transcript was followed in tlie first printed copy of this compact in 
the Rhode Island Colony Records (1878), I, U. 

The following entry was not dated. Apparently it was a paper pre- 
sented by Williams and the first settlers to a second body of comers, 
probably in 1636. 

We whose names are hereunder, desirous to inhabitt in the 

towne of providence, do promise to subject ourselves in active 

and passive obedience to all such orders or agreements as shall 

be made for publick good of our body, in an orderly way, by 

the major consent of the present Inhabitants, maisters of 

families. Incorporated together into a towne fellowship, and 

others whome they shall admitt unto them, 

only in civill things. 

Richard Scott Thomas Angell X marlc 

^^^.-,. '"^'^^ ,, Thomas Harris 

William X Reynolds re - i v 7 

, , , , -^ ftrancis weekes X mark 

A bad browne ^ t . . 1 1 

^ - ,^, ^ . , Benedict Arnold 

John Warner T a character, 

, ,, ^)- T „p Ti -, Josua wmsor 
probably a " mark," follows. 1 „^.,,. ,^r- i j 

^ f ^ :i ' -J William Wickenden 

iLdwarde Cope 



mn 



George Rickard John X ffeild 

[In many ways this " compact " recalls the Mayflower Compact 
(No. 46) ; but the notable thing here is that obedience is promised in 
civil things only. "Civil" is used in contradistinction with " ecclesi- 

267 



268 RHODE ISLAND TO 1660 

astical." Obedience is promised in matters that pertain to the state, not 
in those pertaining to the church. This was the primary force of the 
word "civil." Observe it in the same sense in the documents that 
f ollovsr. ] 

90. Religious Freedom Consonant with Civil Order 

Arnold's History of Bhode Island, I, 254, 255. 

The town of Providence had been disturbed by tumults, and some of 
the inhabitants reasoned loosely that their platform of freedom of con- 
science forbade them to punish the transgressors. Williams then wrote 
the following letter to the town, defining in a masterly way the limits of 
civil and religious freedom. This is a good point at which to review No. 84, 
with the Introduction thereto. 

There goes many a ship to sea, with many hundred souls 
in one ship, whose weal and woe is common ; and [tliis] is 
a true picture of a commonwealth. ... It hath fallen out 
sometimes that both Papists and Protestants, Jews and Turks, 
may be embarked in one ship ; upon which supposal I affirm 
that all the liberty of conscience, that ever I pleaded for, turns 
upon these two hinges : that none of the Papists, Protestants 
Jews, or Turks, be forced to come to the ship's prayers or 
worship, nor compelled from their own particular prayers or 
worship, if they practice any. I further add that I never 
denied that, notwithstanding this liberty, the commander of 
the ship ought to command the ship's course, yea, and also 
command that justice, peace, and sobriety be kept and prac- 
tised, both among the seamen and all the passengers. If any 
of the seamen refuse to perform their service, or passengers 
to pay their freight ; if any refuse to help, in person or purse, 
toward the common charges or defence ; if any refuse to obey 
the common laws and orders of the ship, concerning their 
common peace or preservation ; if any shall mutiny and rise 
up against their . . . officers; if any should preach or write 
that there ought to be no commanders or officers because all 
are equal in Christ ... I say I never denied but in such cases, 
whatever is pretended, the commander or commanders may 



PATENT OF PROVIDENCE PLANTATIONS 269 

judge, resist, compel, and punish such trangressors, according 
to their . . . merits.^ 

91. Patent of Providence Plantations, March 14/24, 1643/ 1644 

Rhode Island Colonial Records, I, 123-146. 

The Long Parliament, at the opening of its war against Charles I, created 
a council for colonial affairs. That body, upon petition from Williams 
and his friends, issued the following grant. Section I (about a page of this 
type) recites these facts. Practically all the rest of the document is given 
here. The important consideration is the repetition of the word " civil." 
(See note on page 267, above.) 

And whereas divers well affected and industrious English 
Inhabitants, of the Towns of Providence, Portsmouth, and New- 
port in the tract aforesaid, have adventured to make a nearer 
neighborhood and Society with the great Body of the Narragan- 
sets, which may in Time by the blessing of God upon their 
Endeavours, lay a sure Foundation of Happiness to all America. 
And have also purchased, and are purchasing of and amongst the 
said Natives, some other Places, which may be convenient both 
for Plantations, and also for building of Ships, Supply of Pipe 
Staves and other Merchandize. And whereas the said English, 
have represented their Desire to the said Earl, and Commis- 
sioners, to have their hopeful Beginnings approved and confirmed, 
by granting unto them a Free Charter of Civil Incorporation and 
Government ; that they may order and govern their Plantation 
in such a Manner as to maintain Justice and peace, both among 
themselves, and towards all Men with whom they shall have 
to do. In due Consideration of the said Premises, the said 
Robert Earl of Warwick, Governor in Chief, and Lord High 
Admiral of the said Plantations, and the greater Number of 
the said Commissioners, whose Names and Seals are here 
underwritten and subjoined, out of a Desire to encourage the 
good Beginnings of the said Planters, Do, by the Authority of 

1 The editor cannot resist the desire to add that rarely in all history has so 
fundamental, and at the same time so revolutionary, a truth been stated so 
simply and ineoutrovertibly. 



270 RHODE ISLAND TO 1660 

the aforesaid Ordinance of the Lords and Commons, give, 
grant, and confirm, to the aforesaid Inhabitants of the Towns 
of Providence, Portsmouth, and Xewport, a free and absohite 
Charter of Incorporation, to be known by the Name of the 
Incorporation of Providence Plantations, in the Narraganset- 
Bay, in New England. — • Together with full Power and 
Authorit}' to rule themselves, and such others as shall here- 
after inhabit within any Part of the said Tract of land, by 
such a Form of Civil Government, as by voluntary' consent of 
all, or the greater Part of them, they shall find most suitable 
to their Estate and Condition ; and, for that End, to make 
and ordain such Civil Laws and Constitutions, and to inflict 
such punishments upon Transgressors, and for Execution there- 
of, so to place, and displace Officers of Justice, as they, or the 
greatest Part of them, shall by free Consent agree unto. 
Provided nevertheless, that the said Laws, Constitutions, and 
Punishments, for the Civil Government of the said Plantations, 
be conformable to the Laws of England, so far as the Nature 
and Constitution of the place will admit. And always 
reserving to the said Earl, and Commissioners, and their 
Successors, Power and Authority for to dispose the general 
Government of that, as it stands in Relation to the rest of the 
Plantations in America as they shall conceive from Time to 
Time, most conducing to the general Good of the said 
Plantations, the Honour of his Majesty, and the Service of the 
State. . . . 

92. Rhode Island and the Quakers, 1657 

Hutchinson's Massachusetts Bay (1765), App. XI. 

Massachusetts had complained and threatened because Quakers, received 
in Rhode Island, swarmed thence into her territory . 

TJie Government of Rliode Island to the Government of 
Massachusetts. 

Much honoured Gentlemen, 
Please you to understand, that there hath come to our view a 



RHODE ISLAND AND THE QUAKERS 271 

letter subscribed by the honour'd gentlemen commissioners of 
the united coloneys, the contents whereof are a request concern- 
ing certayne people caled quakers, come among us lately, etc. 

Our desires are, in all things possible, to pursue after and 
keepe fayre and loving correspondence and entercourse with 
all the colloneys, and with all our countreymen in New-Eng- 
land ; and to that purpose we have endeavoured (and shall still 
endeavour) to answere the desires and requests from all parts of 
the countrey, coming unto us, in all just and equall returnes, 
to which end the coloney have made seasonable provision to 
preserve a just and equal entercourse between the coloneys 
and us, by giving justice to any that demand it among us and 
by returning such as make escapes from you, or from the other 
coloneys, being such as fly from the hands of justice, for mat- 
ters of crime done or committed amongst you, etc. And as con- 
cerning these quakers (ho caled) which are now among us, vje 
have no lavj amon/j us v-herehtj to purdah any for only dedoring 
by vjords, etc. their mlndea and v/ader standings concerning the 
things and vmys of God, as to salvation and an eternal condition. 
And, we, moreover, fin/le that in those plojces where these people 
aforesaid, in this coloney, are most of all suffered to declare them- 
selves freely, and are only oposed by arguments in discourse, there 
they least of all desire to come, and vje are informed that they be- 
gin to loath this 'place, for that they are not opposed by the civ ill 
authority, but loith all patience and meeknes are suffered to say 
over their pretended revelations and admonitions, nor are they like 
or able to gain 'many here to their vmy ; and surely v-e find, that 
they delight to be persecuted by civill powers, and v:hen they are 
soe, they are like to gain more adherents by the consej/te of their pa- 
tient sufferings, than by consent to their pernicious sayings. And 
yet we conceive, that their doctrines trend to very absolute cut- 
ting downe and overturning relations and civill government 
among men, if generally received. But as to the dammage that 
may in likelyhood accrue to the neighbour colloneys by their be- 
ing here entertained, we conceive it will not prove so dangerous 
(as else it might) in regard of the course taken by you to send 



272 RHODE ISLAND TO 1660 

them away out of the countrey, as they come among you. But, 
however, at present, we judge it requisitt (and doe intend) to 
commend the consideration of their extravagent outgoings unto 
the generall assembly of our coloney in March next, where we 
hope there will be such order taken, as may, in all honest and 
contientious manner, prevent the bad effects of their doctrines 
and endeavours ; and soe, in all courtious and loving respects, 
and with desire of all honest and fayre commerce with you, and 
the rest of our honoured and beloved countreymen, we rest 
Yours in all loving respects to serve you, 

Benedict Arnold, Pres. 
From Providence, at the court William Baulton, 

of trials, held for the colo- Randall Howldon, 

ney, Oct. 13th, 1657. Arthur Fenner, 

William Feild, 

To the much honoured, the Generall Court, sitting at Boston, 
the Colloney of Massachusitts. 



XVI. CONNECTICUT BEFOEE 1660 

93. The Fundamental Orders of 1639 

January 14/24, 1348/9 

Connecticut Colonial Records^ I, 20-25. 

Cf. American History and Government, §§ 87-89, for the history and 
significance of this "first written constitution known to liistory that 
created a government." The document is printed here in full. 

Forasmuch as it hath pleased the Allmighty God by the wise 
disposition of his divyne providence so to Order and dispose of 
things that we the Inhabitants and Residents of Windsor, Harte- 
ford and Wetherstield are now cohabiting and dwelling in and 
uppon the Eiver of Conectecotte and the Lands thereunto ad- 
joyneing ; And well knowing where a people are gathered to- 
gather the word of God requires that to mayntayne the peace 
and union of such a people there should be an orderly and de- 
cent Goverment established according to God, to order and 
dispose of the affayres of the people at all seasons as occation 
shall require ; doe therefore assotiate and conjoyne our selves 
to be as one Publike State or Commonwelth ; and doe, for our 
selves and our Successors and such as shall be adjoyned to us 
att any tyme hereafter, enter into Combination and Confedera- 
tion togather, to mayntayne and pvesearve the liberty and 
purity of the gospell of our Lord Jesus which we now professe, 
as also the disciplyne of the Churches, which according to the 
truth of the said gospell is now practised amongst us ; As also 
in our Civell Affaires to be guided and governed according to 
such Lawes, Rules, Orders and decrees as shall be made, or- 
dered and decreed, as followeth : — 

1. It is Ordered, sentenced and decreed, that there shall be 
yerely two generall Assemblies or Courts, the on \_one] the second 
thursday in Aprill, the other the second thursday in September, 

273 



274 CONNECTICUT BEFORE 1660 

following; the first shall be called the Courte of Election, 
wherein shall be yerely Chosen from tyme to tyme soe many 
Magestrats and other publike Officers as shall be found requi- 
sitte : Whereof one to be chosen Governour for the yeare en- 
saeing and untill another be chosen, and noe other Magestrate 
to be chosen for more than one yeare ; provided allwayes there 
be sixe chosen besids the Governour ; which being chosen and 
sworne according to an Oath recorded for that purpose shall 
have power to administer justice according to the Lawes here 
established, and for want thereof according to the rule of the 
word of God ; which choise shall be made by all that are ad- 
mitted freemen and have taken the Oath of Fidellity, and doe 
cohabitte within this Jurisdiction, (having beene admitted 
Inhabitants by the major part of the Towne wherein they live,) 
or the major parte of such as shall be then present. 

2. It is Ordered, sentensed and decreed, that the Election of 
the aforesaid Magestrats shall be on this manner : every person 
present and qual lifted for choyse shall bring in (to the persons 
deputed to receave them) one single paper with the name of 
him written in yt whom he desires to have Governour, and he 
that hath the greatest number of papers shall be Governor for 
that yeare. And the rest of the Magestrats or publike Officers 
to be chosen in this manner : The Secretary for the tyme being 
shall first read the names of all that are to be put to choise and 
then shall severally nominate them distinctly, and every one 
that would have the person nominated to be chosen shall bring 
in one single paper written uppon, and he that would not have 
him chosen shall bring in a blanke : and every one that hath 
more written papers then blanks shall be a Magistrat for that 
yeare ; which papers shall be receaved and told by one or more 
that shall be then chosen by the court and sworne to be faytli- 
full therein ; but in case there should not be sixe chosen as 
aforesaid, besids the Governor, out of those which are nomi- 
nated, then he or they which have the most written papers shall 
be a Magestrate or Magestrats for the ensueing yeare, to make 
up the foresaid number. 



THE FUNDAMENTAL ORDERvS OF 1639 275 

3. It is Ordered, sentenced and decreed, that the Secretary 
shall not nominate any person, nor shall any person be chosen 
newly into the Magestracy which was not propownded in some 
Generall Courte before, to be nominated the next Election; and 
to that end yt shall be lawfull for ech of the Townes aforesaid 
by their depntyes to nominate any two whom they conceave 
fitte to be put to Election ; and the Courte may ad so many 
more as they judge requisitt. 

4. It is Ordered, sentenced and decreed that noe person be 
chosen Governor above once in two yeares, and that the Gov- 
ernor be alwayes a member of some approved congregation, and 
formerly of the Magestracy within this Jurisdiction; and all 
the Magestrats Freemen of this Commonwelth : and that 
no Magestrate or other publike officer shall execute any parte 
of his or their Office before they are severally sworne, which 
shall be done in the face of the Courte if they be present, and 
in case of absence by some deputed for that purpose. 

5. It is Ordered, sentenced and decreed, that to the afore- 
said Courte of Election the severall Townes shall send their 
deputyes, and when the Elections are ended they may proceed 
in any publike searvice as at other Courts. Also the Generall 
Courte in September shall be for makeing of lawes, and any 
other publike occation, which conserus the good of the 
Commonwelth. 

6. It is Ordered, sentenced and decreed, that the Governor 
shall, ether by himselfe or by the secretary, send out summons 
to the Constables of every Towne for the cauleing of these 
two standing Courts, on [one] month at lest before their 
severall tymes : And also if the Governor and the gretest 
parte of the Magestrats see cause uppon any spetiall occation 
to call a generall Courte, they may give order to the secretary 
soe to doe within fowerteene dayes warneing; and if urgent 
necessity so require, uppon a shorter notice, giveing sufficient 
grownds for yt to the deputyes when they meete, or els be 
questioned for the same; And if the Governor and [major^ 
parte of Magestrats shall ether neglect or refuse to call the 



276 CONNECTICUT BEFORE 1660 

two General 1 standing Courts or ether of them, as also at 
other tymes when the occations of the Commonwelth require, 
the Freemen thereof, or the Major parte of them, shall peti- 
tion to them soe to doe : if then yt be ether denyed or neglected 
the said Freemen or the Major parte of them shall have 
power to give order to the Constables of the severall Townes 
to doe the same, and so may meete togather, and chuse to 
themselves a Moderator, and may proceed to do any Acte of 
power, which any other Generall Courte may. 

7. It is Ordered, sentenced and decreed that after there are 
warrants given out for any of the said Generall Courts, the 
Constable or Constables of ech Towne shall forthwith give 
notice distinctly to the inhabitants of the same, in some 
Publike Assembly or by goeing or sending from howse to 
howse, that at a place and tyme by him or them lymited and 
sett, they meet and assemble them selves togather to elect 
and chuse certen deputyes to be at the General Courte then 
following to agitate the afayres of the commonwelth ; which 
said Deputyes shall be chosen by all that are admitted In- 
habitants in the severall Townes and have taken the oath of 
fidellity; provided that non be chosen a Deputy for any 
Generall Courte which is not a Freeman of this Commonwelth. 

The foresaid deputyes shall be chosen in manner following : 
every person that is present and quallified as before expressed, 
shall bring the names of such, written in severall papers as 
they desire to have chosen for that Imployment, and these 3 
or 4, more or lesse, being the number agreed on to be chosen 
for that tyme, that have greatest number of papers written 
for them shall be deputyes for that Courte ; whose names 
shall be endorsed on the backe side of the warrant and re- 
turned into the Courte, with the Constable or Constables hand 
unto the same. 

8. It is Ordered, sentenced and decreed, that Wyndsor, 
Hartford and Wethersfield shall have power, ech Towne, to 
send fower of their freemen as their deputyes to every Gen- 
erall Courte ; and whatsoever other Townes shall be hereafter 



THE FUNDAMENTAL ORDERS OP 1639 277 

added to this Jurisdiction, they shall send so many deputyes 
as the Courte shall judge meete, a resonable proportion to the 
number of Freemen that are in the said Townes being to be 
attended therein; which deputyes shall have the power of 
the whole Towne to give their voats and alowance to all such 
lawes and orders as may be for the publike good, and unto 
which the said Townes are to be bownd. 

9. It is ordered and decreed, that the deputyes thus chosen 
shall have power and liberty to appoynt a tyme and a place 
of meeting togather before any Generall Courte to advise and 
consult of all such things as may concerne the good of the 
publike, as also to examine their owne Elections, whether 
according to the order, and if they or the gretest parte of them 
find any election to be illegall they may seclud such for [the] 
present from their meeting, and returne the same and their 
resons to the Courte ; and if yt prove true, the Courte may 
fyne the party or partyes so intruding and the Towne, if they 
see cause, and give out a warrant to goe to a newe election 
in a legall way, either in parte or in whole. Also the said 
deputyes shall have power to fyne any that shall be disorderly 
at their meetings, or for not comming in due tyme or place 
according to appoyntment; and they may returne the said 
fynes into the Courte if yt be refused to be paid, and the 
Tresurer to take notice of yt, and to estreete or levy the same 
as he doth other fynes. 

10. It is Ordered, sentenced and decreed, that every Generall 
Courte, except such as through neglecte of the Governor and 
the greatest parte of Magestrats the Freemen themselves doe 
call, shall consist of the Governor, or some one chosen to 
moderate the Court, and 4 other Magestrats at lest, with the 
major parte of the deputyes of the severall Townes legally 
chosen; and in case the Freemen or major parte of them, 
through neglect or refusall of the Governor and major parte 
of the magestrats, shall call a Courte, it shall consist of the 
major parte of Freemen that are present or their deputyes, 
with a Moderator chosen by them : In which said Generall 



278 CONNECTICUT BEFORE 1660 

Courts shall consist the supreme power of the Common 
welth, and they only shall have power to make lawes or 
repeale them, to graunt levyes, to admitt of Freemen, dispose 
of lands undisposed of, to severall Townes or persons, and 
also shall have power to call ether Courte or Magestrate or 
any other person whatsoever into question for any misdemean- 
our, and may for just causes displace or deale otherwise 
according to the nature of the offence ; and also may deale 
in any other matter that concerns the good of this common- 
welth, excepte election of Magestrats, which shall be done by 
the whole boddy of Freemen. 

In which Courte the Governour or Moderator shall have power 
to order the Courte, to give liberty of specli, and silence un- 
ceasonable and disorderly speakeings, to put all things to 
voate, and in case the vote be equall to have the casting voice. 
But non of these Courts shall be adjorned or dissolved without 
the consent of the major parte of the Court. 

11. It is ordered, sentenced and decreed, that when any 
Generall Courte uppon the occations of the Common welth have 
agreed uppon any sunime or sommes of mony to be levyed uppon 
the severall Townes within this Jurisdiction, that a Committee 
be chosen to sett out and appoynt what shall be the proportion 
of every Towne to pay of the said levy, provided the Com- 
mittees be made up of an equall number out of each Towne. 

[Hints for Study.— 1 . — This was a great democratic constitution, — the 
first that ever " created a state." As a whole, it is an innovation ; but very 
few passages in it, taken by themselves, are new. The great bulk of the 
Orders came from Massachusetts' practice of the preceding five years 
(1634-1038), and most of it came, indeed, from express statutes of the 
older colony. Its peculiar democracy consisted in (1) selecting all the 
democratic features of the Massachusetts government (leaving out all the 
more aristocratic features), and (2) in ar^rfnif/ a very few other democratic 
features, some of which these men had striven for in vain in Massachusetts. 

a. For instances of selection : 

(Article 1.) Mas.sachusetts, during most of her history, had had "two 
General Courts," the Spring Court being a "Courte of Election," in 
which all magistrates were chosen for one year only. 



THE FUNDAMENTAL ORDERS OF 1639 279 

(Articles 1, 2, 7, 9.) All the details of the elections of governor, magis- 
trates, and town deputies, come from Massachusetts' practice in the years 
1635-1638, as did also the provision for preliminary caucusing by the 
deputies with control over their separate meetings. 

Articles 5 and 10 may be compared with the democratic legislation of 
Massachusetts in 1634 (No, 67 h (2), above). 

Many minor resemblances will occur to the advanced student familiar 
with Massachusetts history. 

h. Provisions which the democrats had wanted, but failed to se- 
cure, in Massachusetts : ineligibility of the governor for immediate 
reelection (Article 4), and the method of nomination (Article 3; adopted 
also in Massachusetts two years later). 

c. Democratic innovations: (1) making the sessions of the legislature 
independent of the will of the executive (Articles 6 and 10). Massachu- 
setts had made the General Court master of its own adjournment but 
not of its meetings. Both the provisions were adopted by the Long 
Parliament in England two years later. (2) Leaving the franchise to be 
determined practically by the towns. 

2. — Connecticut did not reject theocracy. Cf. the preamble and the 
eligibility provision for the governorship. In practice, too, the colony 
maintained a close union of Church and State. The restriction of the 
franchise to church members was rejected, not because it was theocratic, 
but because it was undemocratic] 

/ 



XVII. THE NEW ENGLAND CONFEDERATION 
94. The Constitution 

The text is printed in the New Haven Colonial Becords and in the 
Plymouth Colony Records (IX). For the history of the formation of the 
Confederation, see American History and Government, §§ 90, 91. 

ARTICLES 

OF 

Confederation betwixt the Plantations under the Gov- 
ernment OF the MASSACHUSETrS, THE PLANTATIONS UNDER 

THE Government of Plimouth, the Plantations under 
THE Government of Gonnectecut, and the Government 
of New Haven, with the Plantations in Combination 
therewith. 

Whereas we all came into these parts of America, with one 
and the same end and ayme, namely, to advance the Kingdome 
of our Lord Jesus Christ, and to enjoy the liberties of the Gospel, 
in purity with peace ; and whereas in our settling (by a wise 
providence of God) we are further dispersed upon the Sea-Coast, 
and Rivers, then was at first intended, so that we cannot (accord- 
ing to our desire) with convenience communicate in one Gov- 
ernment, and Jurisdiction ; and whereas we live encompassed 
with people of severall Nations, and strange languages, which 
hereafter may prove injurious to us, and our posterity : And 
forasmuch as the Natives have formerly committed sundry in- 
solencies and outrages upon severall Plantations of the English, 
and have of late combined against us. And seeing by reason 
of the sad distractions in England, which they have heard of, 
and by which they know we are hindred both from that humble 

280 



THE CONSTITUTION 281 

way of seeking advice, and reaping those comfortable fruits of 
protection which, at other times, we might well expect; we 
therefore doe conceive it our bounden duty, without delay, to 
enter into a present Consotiation amongst our selves, for 
rautuall help and strength in all our future concernments, that, 
as in Nation, and Religion, so, in other respects, we be, and 
continue. One, according to the tenour and true meaning of the 
ensuing Articles. 

I. Wherefore it is fully Agreed and Concluded by and be- 
tween the parties, or Jurisdictions above named, and they doe 
joyntly and severally by these presents agree and conclude, 
That they all be, and henceforth be called by the name of. The 
United Colonies of New-England. 

II. The said United Colonies for themselves, and their pos- 
terties doe joyntly and severally hereby enter into a firm and 
perpetuall league of friendship and amity, for offence and de-' 
fence, mutuall advice and succour, upon all just occasions, both 
for preserving and propagating the truth, and liberties of the 
Gospel, and for their own mutuall safety, and wellfare. 

III. It is further agreed. That the Plantations which at 
present are, or hereafter shall be settled within the limits of 
the MassacJuisets, shall be forever under the Government of 
the Massachusets. And shall have peculiar Jurisdiction 
amongst themselves, as an intire body ; and that Plimouth, 
Connecticut, and Nev)-Haven, shall each of them, in all respects, 
have the like peculiar Jurisdiction, and Government within 
their limits. . . . 

IV. It is also by these Confederates agreed, That the charge 
of all just Wars, whether offensive, or defensive, upon what 
part or Member of this Confederation soever they fall, shall 
both in men, provisions, and all other disbursements, be born 
by all the parts of this Confederation, in different proportions, 
according to their different abilities, in manner following, 
namely. That the Commissioners for each Jurisdiction, from 
time to time, as there shall be occasion, bring a true account 
and number of all the Males in each Plantation, or any way 



282 THE NEW ENGLAND CONFEDERATION 

belonging to, or under their severall Jurisdictions, of what 
quality, or condition soever they be, from sixteen years old, 
to threescore, being inhabitants there. And that according 
to the different numbers, which from time to time shall be 
found in each Jurisdiction, upon a true, and just account, the 
service of men, and all charges of the war, be born by the 
poll : Each Jurisdiction, or Plantation, being left to their own 
just course, and custome, of rating themselves, and people, 
according to their different estates, with due respect to their 
qualities and exemptions among themselves, though the Con- 
federation take no notice of any such priviledge. And that, 
according to the different charge of each Jurisdiction, and 
Plantation, the whole advantage of the War (if it please God 
so to blesse their endeavours) whether it be in Lands, Goods, 
or persons, shall be proportionably divided among the said 
Confederates. 

V. It is further agreed, That if any of these Jurisdictions, 
or any Plantation under, or in Combination with them, be 
invaded by any enemy whomsoever, upon notice, and request 
of any three Magistrates of that Jurisdiction so invaded. 
The rest of the Confederates, without any further meeting or 
expostulation, shall forthwith send ayde to the Confederate in 
danger, but in different proportion, namely the Massachusets 
one hundred men sufficiently armed, and provided for such a 
service, and journey. And each of the rest five and forty 
men, so armed and provided, or any lesse number, if lesse be 
required, according to this proportion. . . . But none of the 
Jurisdictions to exceed these numbers, till by a meeting of the 
Commissioners ... a greater ayde appear necessary. . . . 

VI. It is also agreed. That for the managing and con- 
cluding of all affaires proper to, and concerning the whole 
Confederation, two Commissioners shall be chosen by, and out 
of the foure Jurisdictions, namely two for the Massachusets, 
two for Plimouth, two for Connecticut, and two for Neiv-haven, 
being all in Church-fellowship with us, which shall bring full 
power from their severall generall Courts respectively, to 



THE CONSTITUTION 283 

hear, examine, weigh, and determine all affaires of war, or 
peace, leagues, aydes, charges, and numbers of men for war, 
division of spoyles, or whatsoever is gotten by conquest, re- 
ceiving of more confederates, or Plantations into Combination 
with any of these Confederates, and all things of like nature, 
which are the proper concomitants, or consequences of such a 
Confederation, for amity, offence, and defence, not intermedling 
with the Government or any of the Jurisdictions, which by 
the third Article, is preserved entirely to themselves. But if 
these eight Commissioners when they meet, shall not all agree, 
yet it is concluded. That any six of the eight agreeing, shall 
have power to settle and determine the businesse in question. 
But if six doe not agree, that then such Propositions, with their 
Reasons, so far as they have been debated, be sent, and referred 
to the foure Generall Courts, viz. The Massachusetts, Plymouth, 
Connectecut, and New-haven. ... It is further agreed, That 
these eight Commissioners shall meet once every year, besides 
extrao'*dinary meetings, according to the fifth Article to con- 
sider, treat, and conclude of all affaires belonging to this 
Confederation, which meeting shall ever be the first Thursday 
in September. [Provision for meeting at the several capital 
cities in rotation.] 

VII. It is further agreed. That at each meeting of these 
eight Commissioners, whether ordinary or extraordinary ; they 
all, or any six of them agreeing as before, may choose their 
President out of themselves . . . [to secure] a comely carrying 
on of all proceedings in the present meeting. But he shall be 
invested with no such power or respect, as by which, he shall 
hinder the propounding or progresse of any businesse, or any 
way cast the scales, otherwise then in the precedent Article is 
agreed. 

VIII. It is also agreed, That the Commissioners for this 
Confederation hereafter at their meetings, whether ordinary or 
extraordinary, as they may have Commission or opportunity, 
doe endeavour to frame and establish Agreements and Orders 
in generall cases of a civil nature, wherein all the Plantations 



284 THE NEW ENGLAND CONFEDERATION 

are interested, for preserving peace amongst thero selves, and 
preventing (as much as may be) all occasions of war, or differ- 
ences vsrith others, as about the free and speedy passage of 
Justice in each Jurisdiction, to all the Confederates equally, 
as to their own, receiving those that remove from one Planta- 
tion to another, without due Certificates, how all the Jurisdic- 
tions may carry it towards the Indians, that they neither 
grow insolent, nor be injured without due satisfaction, least 
War break in upon the Confederates, through such miscarriages. 
It is also agreed, That if any Servant run away from his 
Master, into any other of these Confederated Jurisdictions, 
That in such case, upon the Certificate of one Magistrate in 
the Jurisdiction, out of which the said Servant fled, or upon 
other due proof, the said Servant shall be delivered either to 
his Master, or any other that pursues, and brings such Certifi- 
cate, or proof. And that upon the escape of any Prisoner 
whatsoever, or fugitive, for any Crirainall Cause, whether 
breaking Prison, or getting from the Officer, or otherwise 
escaping, upon the Certificate of two Magistrates of the Juris- 
diction out of which the escape is made, that he was a prisoner 
or such an offender, at the time of the escape, the Magistrates 
of that Jurisdiction where for the present the said prisoner or 
fugitive abideth, shall forthwith grant such a Warrant as the 
case will bear, for the apprehending of any such person, and 
the delivery of him into the hand of the person who pursueth 
him. . . . 

[IX. No one of the confederates to engage in any (offensive) 
war, without the vote of the commissioners, " as in the sixth 
Article is provided."] 

XI. It is further agreed. That if any of the Confederates 
shall hereafter break any of these presents Articles, or be any 
other way injurious to any one of the other Jurisdictions, such 
breach of Agreement, or injury, shalbe duly considered and 
ordered by the Commissioners for the other Jurisdictions, that 
both peace, and this present Confederation, may be intirely 
preserved without violation. 



MASSACHUSETTS DEMANDS MORE WEIGHT 285 

Lastly, this perpetuall Confederation, and the severall 
Articles and Agreements thereof, being read and seriously 
considered, [statement of subscription by authority of the 
respective confederate governments.] 

95. Massachusetts Demands More Weight 

Plymouth Colony Becords, I, 10-17, 118-120, 126-128. 

(1) Atameetinge of the Commissioners for the itnited Colonies 
in Neio England at Hartford thejift of September 164-^ 

. . . The Commissioners for the Massachusetts mooved that 
a due order might be attended in the subscriptions of the 
Acts and determinacions of this and any future meetings of 
the Commissioners for the united Colonies, and expressed not 
onely their owne apprehensions but the judgment of their 
gene rail Court, That by the Articles of Confederacion the first 
place did of Right belong to the Massachusetts, as being first 
named and so the other Colonies in like order. Which being 
taken into consideracion, and the Articles of Confederacion 
read. It appeared evidently to the Comissioners that no such 
priviledge had beene ever . . . graunted ... by the Comis- 
sioners for the Jurisdicions in either of their former meetings, 
and yet the first subscription was made in the presence of the 
generall Court of the Massachusetts. And to prevent future 
inconvenience upon this occation, they thought fitt to declare 
that this Commission is free and may not receive any thing 
(not expresly agreed in the Articles) as imposed by any 
generall Court ; yet out of their respects to the Government 
of the Massachusetts they did ivilUngly graunt that their 
Comissioners [those of Massachusetts] should first subscribe 
after the President in this and all future meetings, and the 
Comissioners for the other Colonies in such order as they are 
named in the Articles ; viz., Plymouth, Conectacutt, and New 
Haven. 



286 THE NEW ENGLAND CONFEDERATION 

(2) At a Meting of the Oommisslomrs of the United colonyes 
of New England: held at New Plymouth the 7% 7% iQJfS 
. . . the Comissioners for the Matathusetts presented to 
the Comissioners of the other Colonyes a writeing from a 
Comitee of theire Generall Coiirte desieri ng that a dew 
Consideracion may bee had thereof, in answer to the Severall 
pticulers. The wrightiug is as Followeth. . . . 

" Wheareas in Cace sixe of the Comissioners shall not agree the Cause 
is to be refered to the fouer Generall Courtes, and by theire Joynte 
agrements to be determined, etc., — to be considered if it were not more 
expedient to bee determined upon the agrement of any three of them. . . . 

" Wheareas by the .6. Article each of the Colonyes is to have two 
Comissioners, and the Colony of the Matathusetts beares almost five for 
one in the proportion of Charge with any one of the rest, they desier to 
have one Comissioner more ; or otherwise they shall be content that any 
other of the Colonyes shall have the same priviledg to have three 
Comissioners to the other twoe, if such Colonyes will beare the Licke 
proporcion of Chardg with the Matathusetts, ..." 

The Comissioners having perused and with dew Respect 
Considered the former proposicions. . . . 

In caces proper to the Comissioners wheareas by the sixth 
article, if sixe Agree not, the proposicions with the Reasons 
are to be Refered to the Fower Generall Courts : the Comis- 
sioners aproveing the Mocion made by the Comity of the 
Masaehusets doe recomend it to the Fower Generall Courts 
that, if any . . . three of the saide Courts agree ... of any 
such proposicion, it shall passe and bee accoumpted as the 
Conclusion of the united Colonyes, as it should have passed as 
ane act of the Comissioners if sixe of them had consented : 
For the 5th, sixth and seventh proposicions presented from 
the Comissioners of the Masachusetts, Importeing a reall 
Chang in the tearmes and Covenants of Confideration, — as noe 
alteracion Can bee made without the Consent of all and each 
of the Generall Courts, soe the Comissioners Feare that any of 
the Alteracions mencioned would prove dangerous and Incon- 
venient to all or som of the Colonyes. The tacken [taking] 



NULLIFICATION BY MASSACHUSETTS 287 

of the Number of malles they hope need not bee frequent; 
Nor, as it hath been Caryed by the Comissioners, inconvenient. 
In point of the seventh proposicion they Conscaive there is a 
mistack : the Lardge trade of the Masachusets, besides theire 
Numbers, afford many advantages in Keference to estates 
which the other Colonyes wante ; but (it is from the Free 
grace of god that all and each have what they have) they 
diser [them] to bee thainkefull. 

96. Nullification by Massachusetts 

Plymouth Colony Becords, X, 74-76. Cf. American History and 
Government, § 93. The following extracts from a declaration of the 
Massachusetts General Court put an end to the attempt of the other 
three colonies in the New England Confederation to force Massachusetts 
to join in a war against New Netherlands. 

The question propounded by the General Court of the Massa- 
chusetts [June 2112, m5S\. 

. . . Whether the Comissioners of the united Collonies have 
power by articles of agreement to determine the Justice of an 
offencive or vindictive warr and to engage the Collonies therin ; 

The Answare of the Committies to the question, — first more 
particularly from the Articles : 

The whole power of Government and Jurisdiction is in the 
3d and sixt Articles refered to every Collonie whoe sawe not 
meet to divest themselves of theire authoritie to Invest the 
Comissioners with any part therof being altogether unsafe and 
unnessesary to attaine the end of the Confeaderation ; 

The 9. and 10th Articles constituteth the Comissioners 
Judges of the Justice of a defencive warr 

The 4th and 5th settle Kules for Leagues, Aides, and num- 
ber in a defencive warr, and devisions of spoiles; but noe 
where provide for the determination of the Justice of an 
offencive warr, which therfore is refered wholy to the Deter- 
mination of the Supreame Power of the severall Confeaderate 
Jurisdictions, whoe would have otherwise provided in the case. 



288 THE NEW ENGLAND CONFEDERATION 

The sixt Article, which att first view seemes to Iiiable the 
Comissioners, will evidently evince the Contrary. For, the 
Confederation being betwixt the Collonies, the 4th, and fift, 9, 
and 10th Articles provid Rules in severall Cases according to 
which the Confeaderates have bound themselves to Acte; 
And the sixt Article onely orders and appoints whoe and in 
what mannor the said Rules and agreements should bee exe- 
cuted viz. by Comissioners Improved to acte in cases 
specif [y]ed and regulated, — for theire number, mannor of 
proceeding, times and places of meeting, in the sixt and 
seaventh Articles ; And that by nessesitie ; because the 
supreame power of the severall Jurisdictions Could not as- 
semble, they were enforced to Substitute deligates to order 
such things as were of present and urgent Nessesitie, or meerly 
prudenciall or polliticall or of Inferior nature, and that ac- 
cording to themselves [the Rules] prescribed by the Con- 
feaderates. But such things [as] require the Choise Actes of 
Authoritie; or [are] in theire nature of Morrall Consideration 
and may admite of more time of Deliberation (as an offencive 
warr). The Wisdome of the Countrivers of the Confederacy 
did not Judg meete to Refere to Comissioners, and therfore 
[they] have not provided any Rules in such cases in these 
Consernments as they did in all cases of an Inferior nature ; 

More Generally : ^ The Comissioners of the united Collonies 
are not, soe fare as wee can deserne. Invested with power to 
Conclude an offencive warr to engage the Collonies to which 
they belonge to put the same in execution further then they 
are enabled by Comission or Instructions under the scale of 
theire Collonie; much lesse can it stand with the Jurisdiction 
and Right of G-overnment reserved to ever[y] Collonie for six 
Comissioners of the other Collonies to put forth any Acte of 
power in a vindictive warr wherby they shall comaund the 
Collonie decenting to assist them in the same; neither can it 

1 This paragraph begins the second half of the argument, — based not on 
the particular Articles of Confederation, but upon the nature of such federal 
government in general. 



NULLIFICATION BY MASSACHUSETTS 289 

bee the meaning of the severall Collonies whoe are soe tender 
of theire power in Governing theire owne that they should 
put theire power out of theire owne hands in the most waighty 
points (A bondage hardly to bee borne by the most Subjective 
people), And cannot bee conceived soe free a people as the 
united Collonies should submite unto ; 

It can bee noe lesse then a contradiction to affeirme the 
Supreame power (which wee take to bee the Generall Courts 
of every Jurisdiction) can bee comaunded by others : an ab- 
surditie in loollicye, that an Intire Government and Jurisdic- 
tion should prostitute itselfe to the Comaund of Strangers ; a 
Scandall in Religion^ that a generall court of Christians should 
bee oblidged to acte and engage upon the faith of six Delligates 
against theire Consience ; — all which must bee admited in 
case wee acknowlidg ourselves bound to undertake an offencive 
warr upon the bare determination of the Comissioners, whoe 
can not nor ever did challenge Authoritie over us, or expecte 
Subjection from us . . . 

[Observe that the Massachusetts government did flatly nullify a decree 
of the federal congress of the United Colonies. However, it tried to 
justify itself, not by an avowal of its power, but by a constitutional argu- 
ment. Massachusetts claimed first that the sixth article (which made the 
vote of six commissioners binding upon the whole confederation) could 
apply only to such matters as have been plainly referred to the Commis- 
sioners by other parts of the Constitution ; and second, that the authority 
claimed by the federal Congress was inconsistent with the fundamental 
idea of a confederation, even as it had been understood by the other 
confederates. 

John Fiske says that this argument begins "the development of con- 
stitutional law, in the American sense," — as an attempt to interpret a 
written constitution. The whole debate makes an interesting prelude to 
the later arguments of the nullifiers and secessionists in the nineteenth 
century.] 



C. COLONIAL AMERICA, 1660-1760 

The documents selected for this period are much more isolated than 
those given above for the earlier colonial period. It is usually impos- 
sible in a class to do more than use a few illustrative sources for this 
long and difficult period ; and some documents which might be expected 
are omitted because of the extracts given from them in the American 
History and Government. 



XVIII. LIBERAL CHARTERS, 1662, 1663 ^ 

97. The Connecticut Charter 

April 23 / May 3, 1662 

Connecticut Colonial Records^ II, 3-11. 

The complete document would fill some ten pages of this volume. Parts 
of it are plainly copied from the Massachusetts Bay charter of 1629. In- 
deed the whole document has the form of a charter to a proprietary 
" Company." This company, however, was a " Corporation upon the 
place,'''' not a corporation in England managing a distant property. It 
was the first such corporation to receive a grant from the crown. 

The parts of the charter here given are selected to show (1) the powers 
of self-government and (2) the inclusion of New Haven. The charter 
was adopted as the State Constitution in 1776, and continued in force, 
with very slight change, until 1818. 

Cfiarles tf)e ^£Conti, [&c.] Whereas . . . Severall Lands, . . . 
and Plantations have byn . . . setled in that parte of . . . 
America called New England, and thereby the Trade . . . 
there hath byn of late yeares much increased, And whereas. 
We have byn informed by the humble Petition of our Trusty 
and welbeloved John Winthrop [and eighteen others], being 

1 For the conditions under which a despotic king granted these amazingly 
liberal charters, of. American H'lstory and Government. 

290 



THE CONNECTICUT CHARTER 291 

Persons Principally interested in our Colony ... of Conecti- 
cutt in New England, that the same Colony . . . was pur- 
chased and obteyned for greate and valuable considerations, and 
thereby become a considerable enlargment and addition of our 
Dominions and interest there, — Now Know yee, that in Consid- 
eration thereof, and in regard the said Colony is remote from 
other the English Plantations in the Places aforesaid. And to 
the end the Affaires and Busines which shall from tyme to tyrae 
happen or arise concerning the same may bee duely Ordered 
and managed, Wee . . . Doe Ordeine, Constitute and Declare 
That they, the said John Winthrop [and others] and all such 
others as now are or hereafter shall bee Admitted and made free of the 
Company and Society of our Collony of Conecticut in America, shall 
. . . bee one Body Corporate and Pollitique in fact and name, 
by the Name of Governour and Company of the English Collony 
of Conecticut in Neiv England in- America ; . . . And further, 
wee . . . Doe Declare and appoint, that for the better ordering 
and manageing of the affairs and businesse of the said Company 
and their Successors, there shall be one Governour, one Deputy 
Governour, and Twelve Assistants, to bee from tyme to tyme 
Constituted, Elected and Chosen out of the Freemen of the said 
Company for the tyme being, in such manner and forme as here- 
after in these presents is expressed. And . . . Wee doe . . . Consti- 
tute and appoint the aforesaid John Winthrop to bee the first and 
present Governour of the said Company ; [appointment of Dep- 
uty Governor and Assistants] ; to continue in the said severall 
Offices respectively untill the second Thursday which shall bee 
in the Moneth of October now next comeing. And further, wee 
. . . Doe Ordaine and Graunt that the Governour . . . for the 
tyrae being, or, in his absence . . . the Deputy Governour . . . 
. . . shall and may . . . upon all occasions give Order for the 
assembling of the said Company ... to Consult and advice of 
the businesse and Affaires of the said Company, And that for 
ever hereafter, Twice in every yeare, (That is to say,) on every 
second Thursday in October and on every second Thursday in 
May, or oftener, in Case it shall be requisite, The Assistants 



292 LIBERAL CHARTERS, 1662, 1663 

and freemen of the said Company, or such of them (not exceed- 
ing twoe Persons from each place, Towne or Citty) whoe shall bee 
from tyme to tyme thereunto Elected or Deputed by the major 
parte of the freemen of the respective Townes . . . shall 
have a generall meeting or Assembly, then and their to Con- 
sult and advise in and about the Affaires and businesse of the 
said Company ; And that the Governour, or . . . Deputy 
Governour . . . , and such of the Assistants and freemen of 
the said Company as shall be soe Elected or Deputed and bee 
present att such meeting or Assembly, or the greatest number of 
them (whereof the Governour or Deputy Governour and Six of 
the Assistants, at least, to bee Seaven) shall be called the Generall 
Assembly, and shall have full power and authority to alter and change their 
dayes and tymes of meeting or General Assemblies for Electing the Gov- 
ernour Deputy Governour and Assistants or other Officers, or any other 
Courts, Assemblies or meetings, and to Choose, Nominate and appoint 
such and soe many other Persons as they shall thinkefitt and shall bee 
willing to accept the same, to bee free of the said Company and Body 
Politique, and them into the same to Admitt and to Elect, and Constitute 
such Officers as they shall thinkefitt and requisite for the Ordering, man- 
nageing, and disposeing of the Affaires of the said Governour and 
Company and their Successors. And wee doe hereby . . . Establish 
and Ordeine, that once in the yeare . . . , namely, the said Second 
Thursday in May, the Governour, Deputy Governour and Assistants 
of the said Company and other Officers of the said Company, or such 
of them as the said Generall Assembly shall thinke fitt, shall bee, in 
the said Generall Court and Assembly to bee held from that day or 
tyme, newly Chosen for the yeare ensuing, by such greater part of the 
said Company for the tyme being then and there present. . . . And 
wee doe further . . . Graunt that it . . . shall . . . bee lawful! 
[for any General Assembly,] to Erect and make . . . Judica- 
tories for the heareing and Determining of all Actions . . . And 
alsoe from tyme to tyme to Make, Ordaine, and Establish All mannner 
of wholesome and reasonable Lawes, Satutes, Ordinances . . . and 
Instructions, not contrary to the lawes of this Realme of England . . . 
which they shall find needfull for the Government . . . of the said 



THE RHODE ISLAND CHARTER 293 

Colony. . . And Knowe yee further, That Wee . . . Doe give, 
Grauiit and Confinne unto the said Governor and Company 
and their Successors, All that parte of our Dominions in New 
England in America bounded on the East by Norrogancett 
River, comonly called Norrogancett Bay, where the said River 
falleth into the Sea, and on the North by the lyne of the Mas- 
sachusetts Plantation, and on the South by the Sea, and in 
longitude as the lyne of the Massa.chu setts Colony, runinge 
from East to West, (that is to say,) from the said Norrogan- 
cett Bay on the East to the South Sea on the West. . . . 

98. The Rhode Island Charter 

July 8/18, 1663 

Rhode Island Colonial Records., II, 3-20. 

John Clarke, an agent for the colony, presented a petition for a charter 
to Charles II in January, 1661. 

. . . Whereas we have been informed ... on behalf of 
Benjamine Arnold, William Brenton [here follow twelve 
names] and the rest of the purchasers and ffree inhabitants 
of our island, called 1^^otie=]Islanti, and the rest of the colonic 
of Providence Plantations, in the Narragansett Bay, in New- 
England, in America, that they, pursueing, with peaceable and 
loyall mindes, their sober, serious and religious intentions, of 
godlie edifieing themselves, and one another, in the holie 
Christian ffaith and worshipp as they were jyerswaded : togother 
with the gaineing over and conversione of the poore ignorant 
Indian natives, in those partes of America, to the sincere pro- 
fessione and obedienc of the same ffaith and worship, did, not 
onlie by the consent and good encouragement of our royall 
progenitors, transport themselves out of this kingdome of Eng- 
land into America, but alsoe, since their arrivall there, after 
their first settlement amongst other our subjects in those parts, 
ffor the avoideing of discorde, and those manie evills which 
were likely to ensue upon some of those oure subjects not beinge 
able to beare, in these remote partes, theire different appre- 



294 LIBERAL CHARTERS, 1662, 1663 

hensiones in religious concernments, and in pursueance of the 
afforesayd ends, did once againe leave theire desireable stationes 
and habitationes, and witli excessive labor and travell, hazard 
and charge, did transplant themselves into the middest of the 
Indian natives, who, as wee are infformed, are the most potent 
princes and people of all that country ; where, by the good 
Providence of God, from whome the Plantationes have taken 
their name, upon theire labour and Industrie, they have not 
onlie byn preserved to admiration, but have increased and 
prospered, and are seized and possessed, by purchase and con- 
sent of the said natives, to their ifull content, of such lands, 
islands, rivers, harbours and roades, as are verie convenient, 
both for plantationes and alsoe for buildinge of shipps, suplye 
of pype-staves, and other merchandize ; and which lyes verie 
commodious, in manie respects, for commerce, and to accomo- 
date OLire southern plantationes, and may much advance the 
trade of this oure realme, and greatlie enlarge the territories 
thereof; they haveinge, by neare neighbourhoode to and 
friendlie societie with the greate bodie of the ISTarragansett 
Indians, given them encouragement, of theire owne accorde, to 
subject themselves, theire people and landes, unto us ; whereby, 
as is hoped, there may, in due tyme, by the blessing of God 
upon theire endeavours, bee layd a sure ffoundation of happi- 
nesse to all America: ^nti irr|)erfa0, in theire humble addresse^ they 
haveffreely declared, that it is much on their hearts {if they may be 
permitted), to hold forth a livelie experiment, that a most flourishing 
civill state may stand and best bee maintained, and that among our 
English subjects, with a full libertie in religious concemements ; and 
that true piety e rightly grounded upon gospell principles, will give the 
best and greatest security to sovereignetye, and will lay in the hearts 
of men the strongest obligations to true loyaltie : XolD knoin mt, 
that wee beinge willinge to encourage the hopefull undertakeinge of 
oure sayd loyall and loveinge subjects, and to secure them in the free 
exercise and enjoyment of all theire civill and religious rights, apper- 
taining to them, as our loveing subjects ; and to preserve unto them 
that libertye, in the true Christian jfaith and worshipp of God, which 



THE RHODE ISLAND CHARTER 295 

they have sought with soe much travaill, and with peaceable myndes, 
and loyall subjectione to our royall progenitors and ourselves, to enjoye ; 
and because some of the people and inhabitants of the same colonic 
cannot, in theire private opinions, conforme to the publique exercise of 
religion, according to the litturgy, formes and ceremonyes of the Church 
of England, or take or subscribe the oaths and articles made and estab- 
lished in that behalf e; and for that the same, by reason of the remote 
distances of those places, will {as wee hope) bee noe breach of the 
unitie and unifformitie established in this nation : . . . doe hereby . . . 
declare. That our royall will and pleasure is, that noe person within 
the saydcolonye, at any tyme hereafter, shall bee any wise molested, 
punished, disquieted, or called in question, for any differences in opinione 
in matters of religion, and [i.e., if he] doe not actually disturb the 
civill peace of our sayd colony; but that all and everye person and 
persons may, from tyme to tyme, and at all tymes hereafter, freelye 
and fully e have and enjoye his and theire owne judgments and consciences, 
in matters of religious concernments, throughout the tract of lande 
hereafter mentioned; they behaving themselves peaceablie and quietlie, 
and not useing this libzrtie to lycentiousnesse and profanenesse, nor to 
the civill injurye or outward disturbeance of others ; any lawe, statute, 
or clause, therein contayned, or to bee contayned, usage or custome of 
this realme, to the contrary hereof, in any wise, notwithstanding. And 
that they may bee in the better capacity to defend themselves, 
in theire just rights and libertyes . . . toce . . . doe ordeyne, 
. . That they, the sayd William Brenton . . . [and others] 
and all such others as now are, or hereafter shall bee admitted 
and made ffree of the company and societie of onr collonie of 
Providence Plantations, in the Narragansett Bay, in New-Eng- 
land, shall bee, from tyme to tyme, and forever hereafter, a 
bodie corporate and politique, ... by the name of Ef}e (gobcr= 
nour anti Compang of tl}e lEnglisii Collonie of miiotJt=3Eslanti anb 
Probitimce pianta'ttons, ixi i^eii3=3£nglantj, in America. . . . ^nti 
furtl}er, wee ... doe declare . . . that . . . there shall bee 
one Governour, one Deputie-Governour and ten Assistants, to 
bee from tyme to tyme, constituted, elected and chosen, out of 
the freemen of the sayd Company, for the tyme beinge, in such 



296 LIBERAL CHARTERS, 1662, 1663 

manner and fforme as is hereafter in these presents expressed. 
. . . [First set of magistrates named, to continue until the next 
Court.] ^ntJ further, wee . . . doe ordeyne . . . that the G-over- 
nor of the sayd Company, for the tyme being, or, in his absence, 
by occassion of sicknesse, or otherwise, by his leave and per- 
mission, the Deputy-Governor, ffor the tyme being, shall and 
may, ffrom tyme to tyme, upon all occassions, give order ffor 
the assemblinge of the sayd Company, and callinge them to- 
gether, to consult and advise of the businesse and affaires of 
the sayd Company, ^nti tl^at forever hereafter, twice in every 
year, that is to say, on every first Wednesday in the moneth 
of May, and on every last Wednesday in October, or oftener, 
in case it shall bee requisite, the Assistants, and such of the 
ffreemen of the Company, not exceedinge six persons ffor New- 
port, ffoure persons ffor each of the respective townes of Provi- 
dence, Portsmouth and Warwicke, and two persons for each other 
place, towne or city, whoe shall bee, from tyme to tyme, there- 
unto elected or deputed by the majour parte of the ffremen of 
the respective townes or places . . . shall have a generall 
meetinge, or Assembly then and there to . . . determine . . . 
the affaires and businesse of the said Company and Plantations, 
'^nti fiirt|}cr, wee doe . . . give and graunt unto the sayd Gov- 
ernour and Company of the English collony of 3^|)obc=Islanli 
anti Probiticnc£ lilantations, in Xew-England, in America, and 
theire successours, that the Governour, or, in his absence, or, 
by his permission, the Deputy-Governour of the sayd Company, 
for the tyme beinge, the Assistants, and such of tlie ffreemen of 
the sayd Company as shall bee soe as aforesayd elected or de- 
puted, or soe many of them as shall bee present att such meetinge 
or assemblye, as afforesayde, shall bee called the Generall Assem- 
blye ; and that they, or the greatest parte of them present 
(whereof the Governour or Deputy-Governour, and sixe of the 
Assistants, at least to bee seven) shall have . . . ffull power 
[and] authority, ffrom tyme to tyme, and at all tymes here- 
after, to apoynt, alter and change, such dayes, tymes and places 
of meetinge and Generall Assemblye, as theye shall thinke 



THE RHODE ISLAND CHARTER 297 

ffitt ; ^nli fiirtf);r [other powers of the Assembly, as in the Con- 
necticut Charter] . . . wee doe . . . establish and ordeyne, 
that yearelie, once in the yeare, forever hereafter, namely, the 
aforesayd Wednesday in May, and at the towne of Newport, or 
elsewhere, if urgent occasion doe require, the Governour, Dep- 
uty-Governour and Assistants of the sayd Company, and other 
oJBScers of the sayd Company, or such of them as the Generall 
Assemblye shall thinke ffitt, shall bee, in the sayd Generall 
Court or Assembly to bee held from that daye or tyme, newly 
chosen for the year ensueing, by such greater part of the sayd 
Company, for the tyme beinge, as shall bee then and there 
present . . . 

[Provisions for temporary government ; for prevention of 
Indian troubles in relation to other colonies ; for boundaries, 
etc.] ^nti furt{)£r, our will and pleasure is, that in all matters 
of publique controversy which may fall out betweene our 
Collony of Providence Plantations, and the rest of our 
Collonies in New-England, itt shall and may bee lawful to 
and for the Governour and Company of the sayd Collony of 
Providence Plantations to make their appeals therein to us, 
our heirs and successours, for redresse in such cases, within 
this our realme of England:^ and that itt shall be lawfull to 
and for the inhabitants of the sayd Collony of Providence 
Plantations, without let or molestation, to passe and repasse with 
freedome, into and through the rest of the English Collonies, 
upon their lawfull and civill occasions, and to converse, and 
hold commerce and trade, with such of the inhabitants of our 
other English Collonies as shall bee willing to admitt them there- 
unto, they behaveing themselves peaceably among them; any 
act, clause or sentence, in any of the sayd Collonies provided, 
or that shall bee provided, to the contrary in anywise 
notwithstanding. . . . 

1 Observe, this is not an appeal from the colonial court by an individual. 
The clause has reference to the troubles, then recent, between Rhode Island 
and Massachusetts — the latter having threatened to exclude Rhode Island 
commerce. 



XIX. AN ENGLISH COLONIAL SYSTEM 

99. Instructions for the Councill oppointed for Forraigne 
Plantations (1660) by Charles II 

O'Callaghan's Documents relative to the Colonial History of New 
York (1853), III, 34-36. 

For the significance of this first permanent "Colonial Department," 
cf. American History and Government, § 95. 

1. You sliall informe yourselves by the best wayes and meanes 
you can of the state and condicion of all Eorraigne Plantac [i] ons, 
and by what co[m] missions or authorities they are and have 
bene governed and disposed of ; and are to procure either from 
such persons as have any graunts thereof from the Croun, or 
from the records themselves, the copies of all such commissions 
or graunts, to be transcribed and registered in a booke pro- 
vided for that purpose, that you may be the better able to 
understand judge and administer such affaires, as by your 
commission and instruccions are intrusted to your care and 
management. 

2. You shall forthwith write letters to evrie of our Governors 
for the time being of all our English Plantacions and to evrie 
such person or persons who by any Letters Pattents from us 
or any of our predcesors doe claime or exercise a right of 
governement in any of the said plantacions in which letteres 
you are to informe them of our gratious care and provision in 
their behalfe both in erecting a General Councill of Trade 
wherein their concernments are mingled and provided for with 
the rest of our dominions and especially of this particular 
Councell which is applyed only to the inspeccion care and con- 
duct of Forraigne Plantacions. 

3. You are in the said letters to require the said Governors 
and persons above mesioned, to send unto you in writeing with 
the advise of the Councell of evrie of the said plantacions 

298 



A COLONIAL DEPARTMENT 299 

respectively, perticuler and exact accompt of the state of their 
affaires; of the nature and constitucoin of their lawes and 
governement and in what modell and frame they move and are 
disposed ; what numbers of men ; what fortifications and other 
strengths and defences are upon the place, and how furnished 
and provided for. 

4. You are to order and settle such a continuall correspond- 
encie that you may be able, as often as you are required there- 
unto, to give up to us an accompt of the Government of each 
Colonie ; of their complaints, their Avants, their abundance ; 
of their severall gron^ths and commodities; of every shipp 
trading there and its ladeing and whither consigned ; and what 
the proceeds of that place have beene in the late yeares ; that 
thereby the intrinsick value and the true condicion of each 
part and of the whole may be thoroughly understood ; whereby 
a more steady judgement and ballance may be made for the 
better ordering and disposing of trade and of the proceede and 
improvements of the Plantacions ; that soe each place within 
it selfe, and all of them being collected into one viewe and 
management here, may be regulated and ordered upon common 
and equall ground and principles. 

5. You are to a^jplie your selves to all prudentiall meanes for 
the rendering those dominions usefull to England and England 
helpfuU to them, and for the bringing the severall Colonies 
and Plantacions, within themselves, into a more certaine civil] 
and uniforme goverenment and for the better ordering and dis- 
tributeing of publique justice among them. 

6. You are to enquire diligently into the severall governments 
and Councells of Colonies Plantacions and distant Dominions, 
belonging to other Princes or States, and to examine by what 
conduct and pollicies they governe or benefit them ; and you 
are to consult and provide that if such councells be good 
wholsome and practiceable, they may be applied to the use of our 
Plantacions ; or if they tend or were designed to the prejudice 
or disadvantage thereof or of any of our subjects or of trade or 
commerce, how they may be ballanced or turned back upon them. 



300 AN ENGLISH COLONIAL SYSTEM 



11. You are lastly required and impowered to advise order 
settle and dispose of all matters relating to the good governm* 
improvement and management of our Forraine Plantacons or 
any of them, with your utmost skill direccon and prudence. 
And in all cases wherein you shall judge that further powers 
and assistants shall be necessary, you are to addresse your 
selves to us [or] our Privy Councill for our further pleasure 
resolucon and direccon s therein. 

100. The Commercial Policy 

a. ''First'''' JYavigation Act, 1660 

Statutes of the Bealm, V, 246-250. The act is known as 12 Car. II, 
c. 18. The text would fill some ten pages of this vohime. For history 
and references upon this and subsequent navigation acts, cf . American 
History and Government^ §§ 00, 116. 

An Act for the Encourageing and increasing of Shipping and 
Navigation. 

[1.] For the increase of Shiping and incouragement of the 
Navigation of this Nation, (wherin, under the good providence 
and protection of God, the Wealth, Safety, and Strength of 
this Kingdome is soe much concerned), Bee it Enacted by the 
Kings most Excellent Majesty and by the Lords and Commons 
in this present Parliament assembled and the Authoritie therof, 
that from and after [December 1, 1660], and from thence for- 
ward, noe Goods or Commodities whatsoever shall be Imported 
into or Exported out of any Lands, Islelands, Plantations, 
or Territories to his Majesty belonging or in his possession 
or which may hereafter belong unto or be in the possession of 
His Majesty His Heires and Successors, in Asia, Africa, or 
America, in any other Ship or Ships, Vessell or Vessells what- 

1 Tfh first part of this act is copied ahnost word for word from au act of 
the Long Parliament in 1651. That act, however, was not enforced. It ap- 
plied only to shipping. The Act of 16G0 added the " enumerating " clause 
(XVIII). 



THE COMMERCIAL POLICY 301 

soever, but in such Ships or Vessels as doe triiely and without 
fraude belong onely to the people of England or Ireland, 
Dominion of Wales, or Towne of Berwicke upon Tweede, or 
are of the built of, and belonging to any of the said Lands, Is- 
lands, Plantations, or Territories . . . and whereof the Master 
and three fourthes of the Marriners at least are English,^ under 
the penalty of the Forfeiture [of Vessell and Cargo] . . . 

[III. In like words, limits the commerce of England herself 
to the same shipping.] 

[XVIIL] And it is further Enacted . . . That from and 
after . . . [April 1, 1661] . . . noe Sugars, Tobaccho, Cotton- 
Wool, Indicoes, Ginger, Fustick, or other dyeing wood, of the 
Growth, Production, or Manufacture of any English Plan- 
tations in America, Asia or Africa shall be shiped, carry ed, 
conveyed, or transported from any of the said English Plan- 
tations to any Land, Island, Territory, Dominion, Port, or 
place whatsoever, other than to such other English Plantations 
as doe belong to His Majesty His Heires and Successors, or 
to the Kingdome of England or Ireland or Principallit}^ of 
Wales or Towne of Berwicke upon Tweede . . . under penalty 
of forfeiture [as before] . . . 

h. Second Jfavigation Act, 1663 

Statutes of the Bealm, V, 449-452 (15 Car. II, c. 7). 

The act of 1660 had (1) "protected" English and colonial shipping by 
shutting out all other shipping from the English and colonial trade ; and 
(2) it had "enumerated" a few semi-tropical products which colonies 
could export only to England. This act of 1663 provides that all European 
imports to the colonies must be obtained through England. 

1 Question having arisen in regard to the definition of English-built ships 
and English mariners, these terras were defined in section V of the Act of 1(J62 
(14 Car. II, c. 11). The portion of the section relating to mariners follows : 
" And whereas it is required by the said Act that in sundry cases the Master 
and three fourths of the Mariners are to be English, it is to be understood 
that any of His Majesties Subjects of England, Ireland, ajid His Plantations 
are to bee accounted English, and no others. . . ." — Statutes of the Bealm, 
V, 395. 



302 AN ENGLISH COLONIAL SYSTEM 

An Act for the Encouragement of Trade. 

[IV.] And in reguard His Magesties Plantations beyond 
the Seas are inhabited and peopled by His Subjects of this 
His Kingdome of England, For the maintaining a greater 
correspondence and kindnesse betweene them and keepeing 
them in a firmer dependance upon it, and rendring them yet 
more beneficiall and advantagious unto it in the farther Im- 
ployment and Encrease of English Shipping and Seamen, vent 
of English Woollen and other Manufactures and Commodities, 
rendring the Navigation to and from the same more safe and 
cheape, and makeing this Kingdome a Staple not onely of the 
Commodities of those Plantations but alsoe of the Commodities 
of other Countryes and Places for the supplying of them, and 
it being the usage of other Nations to keepe their Plantation 
Trade to themselves. Be it enacted, and it is hereby enacted. 
That from and after [March 25, 1664], noe Comhioditie of the 
Growth, Production, or Manufacture, of Europe, shall be 
imported into any Land, Island, Plantation, Colony, Territory, 
or Place, to His Majestic belonging, or which shall [belong 
hereafter] unto, or be in the Possession of His Majestic His 
Heires and Successors, in Asia, Africa, or America, (Tangier 
onely excepted) but what shall be bona fide and without 
fraude laden and shipped in England, Wales, [and] the Towne 
of Berwicke upon Tweede, and in English built Shipping, . . . 
and whereof the Master and three Fourthes of the Marriners 
at least are English, and which shall be carryed directly 
thence to the said Lands, Islands, Plantations, Colonyes, Terri- 
tories, or Places, and from noe other place or places what- 
soever, Any Law, Statute, or Usage, to the contrary notwith- 
standing, under the Penaltie [of forfeiture of vessel and 
cargo]. . . 

[V.] Provided alwayes . . . That it shall and may be 
lawfull to shipp and lade in such Shipps, and soe navigated 
as in the foregoeing Clause is sett downe and expressed, in 
any part of Europe, Salt for the Fisheries of New England 



THE COMMERCIAL POLICY 303 

and New found land, and to shipp and lade in the Medera's 
Wines of the Growth thereof, and to shipp and lade in the 
Westerne Islands or Azores Wines of the Growth of the said 
Islands, and to shipp [or] take in Servants or Horses in Scot- 
land or Ireland, and to shipp or lade in Scotland all sorts of 
Victuall of the Growth of Production of Scotland, and to shipp 
or lade in Ireland all sortes of Victuall of the Growth or Pro- 
duction of Ireland, and the same to transport into any of the 
said Lands, Islands, Plantations, Colouyes, Territories, or 
Places, Any thing in the foregoeing Clause to the contrary in 
any wise notwithstanding. 

[The extension of the navigation policy after 1690 to restrict American 
manufactures, with some additions to the "enumerated articles" in the 
First Navigation Act, is not illustrated in this volume. For this, with 
quotations from the laws, see American History and Government, § 116. 
But the following law (c) of the later period has so unique a significance 
that it is here inserted, out of its chronological order. Cf. American 
History and Government, § 116, note at close.] 

c. Sugar Act of 1733. May 17/27, 1733 

Pickering's Statutes at Large, XVI, 374-379 (6 Geo. II, c. 13). (Italics 
only as in the original. ) 

An act for the better securing and encouraging the trade of 
his Majesty^ s sugar colonies in America. 

WHEREAS the ivelfare and prosperity of your Majesty^ s sugar 
colonies in America are of the greatest consequejice and importance 
to the trade, navigation and strength of this kingdom : and vjhereas 
the planters of the said sugar colonies have of late years fallen under 
such great discouragements, that they are finable to improve or 
carry on the sugar trade upon an equal footing with the foreign 
sugar colonies, tvithout some advantage and relief be given to 
them from Great Britain : for remedy whereof ... be it 
enacted . . .' , That from and after [December 25, 1733], there 
shall be raised, levied, collected and paid, unto and for the use 
of his Majesty • . . , upon all rum or spirits of the produce or 
manufacture of any of the colonies or plantations in America, 



304 AN ENGLISH COLONIAL SYSTEM 

not in the possession or under the dominion of his Majesty 
. . . , which at any time or times within or during the contin- 
uance of this act, shall be imported or brought into any of the 
colonies or plantations in America, whicli now are or hereafter 
may be in the possession or under the dominion of his Majesty 
. . . , the sum of nine pence, money of Great Britain . . . , 
for every gallon tliereof, and after that rate for any greater or 
lesser quantity : and upon all molasses or syrups of such foreign 
produce or manufacture as aforesaid, which shall be imported 
or brought into any of the said colonies or plantations of or be- 
longing to his Majesty, the sum of six pence of like money for 
every gallon thereof . . . and upon all sugars and paneles of 
such foreign growth, produce, or manufacture as aforesaid, which 
shall be imported into any of the said colonies or plantations of 
or belonging to his Majesty, a duty after the rate of five shil- 
lings of like money, for every hundred weight Avoirdupoize. . . . 

[Sections II-VIII make provision for enforcing the act and 
for extending its provisions to Ireland.] 

IX. And it is hereby further enacted • • . , That in case any 
sugar or paneles of the growth, produce or manufacture of any 
of the colonies or plantations belonging to or in the possession 
of his Majesty . . . , which shall have been imported into 
Great Britain after the twenty -fourth day of June one thousand 
seven hundred and thirty-three, shall at any time within one 
year after the importation thereof, be again exported out of 
Great Britain, and that due proof be first made, by certificate 
from the proper officers, of the due entry and payment of the 
subsidies or duties charged or payable upon the importation 
thereof, together with the oath of the uierchant or his agent 
importing and exporting the same, or in case such merchant or 
agent shall be one of the people called Quakers, by his solemn 
affirmation to the truth thereof, and that all other requisites 
shall be performed that are by law to be performed in cases 
where any of the said subsidies or duties are to be paid by any 
former statute, all the residue and remainder of the subsidy or 
duty, by any former act or acts of parliament granted and 



A PROPRIETARY CHARTER 305 

charged on such sugar or paneles as aforesaid, shall without 
any delay or reward be repaid to such merchant or merchants, 
who do export the same, within one month after demand 
thereof.^ 

[X. Rebate and bounty in England upon sugar refined from 
brown sugar imported from English colonies.] 



101. The Duke of York's Charter for New York, March 12/22, 

1663/4 

O'Callaghan's Documents relating to the Colonial History of New 
York, II, 295-298. 

This grant was made some months before the English were in actual 
possession of the territory. After the loss and recapture of the Province 
in 1673-1674, a second grant was issued by Charles II, practically identical 
with this one of 1664. 

CHARLES the Second, . . . [etc.] . . . Know ye that we 
. . . by these presents for us Our heirs and Successors Do Give 
and Grant unto our Dearest Brother James Duke of York his 
Heirs and Assigns All that part of the maine Land of New 
England ^ . . . [detailed bounds, the Duke to pay yearly forty 
beaver skins, " when they shall be demanded, or within ninety 
days after"]. And We do further . . . Grant unto our said 
Dearest Brother James Duke of York his Heirs, [etc] full and 
absolute power and authority to correct, punish, pardon, govern 
and rule all such the subjects of us Our Heirs and Successors 
who may from time to time adventure themselves into any 
the parts or places aforesaid or that shall or do at any time 
hereafter inhabit within the same, according to such Laivs, Orders, 
Ordinances, Directions and Instruments as by our said Dearest 

iThe sugar from the English colonies also paid duties on admission into 
English ports (lower than these here prescribed for foreir/n sugars) ; but such 
duties were to be rebated, according to this section IX, upon reexijortation. 

2 The name " New England " still applied to all English America north of 
Delaware Bay. 



306 AN ENGLISH COLONIAL SYSTEM 

Brother or Jus Assigns shall be established, And in defect thereof, 
in cases of necessity, according to the good discretions of his 
Deputies, Commissioners, Officers or Assigns respectively, as 
well in all causes and matters Capital and Criminal as civil 
both marine and others. So always as the said Statutes Or- 
dinances and proceedings be not contrary to but as near as 
conveniently may be agreeable to the Laws, Statutes and Gov- 
ernment of this Our E^ealm of England And saving and reserv- 
ing to us our Heirs and Successors the 7'eceiving, hearing and 
determining of the Appeal and Ap>peals of all or any Person or 
Persons of in or belonging to the territories or Islands aforesaid 
in or touching any Judgment or Sentence to be there made or 
given ^ And further that it shall and may be lawful to and 
for our said Dearest Brother his Heirs and Assigns by these 
presents from time to time to nominate, make, constitute, ordain 
and confirm by such name or names stile or stiles as to him or 
them shall seem good and likewise to revoke, discharge, change 
and alter as well all and singular Governors, Officers and Minis- 
ters which hereafter shall be by him or them thought fit and 
needful to be made or used within the aforesaid parts and 
Islands And also to make, ordain and establish all manner of 
Orders, Laws, directions, instructions, forms and Ceremonies 
of Government and Magistracy fit and necessary for and Con- 
cerning the Government of the territories and Islands afore- 
said, so always as the same be not contrary to the laws and 
statutes of this Our Realm of England but as near as may be 
agreeable thereunto . . . And We do further . . . Grant . . . 
That it shall and may be lawful to and for the said James 
Duke of York his heirs and Assigns in his or their discretions 
from time to time to admit such and so many Person and 
Persons to trade and traffic unto and within the Territories 
and Islands aforesaid and into every or any part and parcel 
thereof and to have possess and enjoy any Lands or Heredita- 

1 This was the first charter provision for appeal from a colonial court to 
England. The question had arisen just before in connection with the New 
England colonies. Cf. American History and Government, § 99. 



PENN'S GRANT OF PENNSYLVANIA 307 

ments in the parts and places aforesaid, as they shall think fit, 
according to the Laws, Orders, Constitutions and Ordinances 
by Our said Brother his Heirs, Deputies, Commissioners and 
Assigns from time to time to be made and established . . . 
and under such conditions, reservations, and agreements as 
Our said Brother his Heirs or Assigns shall set down, order, 
direct and appoint, and not otherwise. . . . 

[Observe the absence of any provision for participation by the settlers 
in lawmaking. The charter does not even contain the usual guarantee 
of the " rights of Englishmen," though the provision for appeals to Eng- 
lish courts would secure such rights indirectly. Cf. American History 
and Government^ § 109,] 

102. Penn's Grant of Pennsylvania, March 4/14, 1680/88 

Charters and Lav-s of Pennsylvania (Harrisburg, 1879), 81-90. 

Penn made the first draft of this charter from Baltimore's Maryland 
Charter of 1632, but the Attorney-General inserted several clauses which 
increased the authority of the English government, cf . American History 
and Government^ § 110. 

CHARLES THE SECOND [etc.]. . . . Whereas our Trustie 
and well beloved Subject, William Penn, Esquire, sonn and 
heire of Sir William Penn, deceased, out of a commendable 
desire to enlarge our English Empire, and promote such usefull 
comodities as may bee of benefitt to us and our Dominions, as 
alsoe to reduce the Savage Natives by gentle and just manners 
to the love of civill Societie and Christian Religion hath 
humbley besought leave of us to transport an ample colonic 
unto a certaine Countrey hereinafter described in the partes 
of America not yet cultivated and planted. And hath like- 
wise humbley besought our Royall Majestic to give, grant, 
and confirm all the said Countrey with certaine priviledges 
and Jurisdiccons requisite for the good Government and 
safetie of the said Countrey and Colonic, to him and his heirs 
forever. Knows yee, therefore, that wee favouring the petition 
and good purpose of the said William Penn, and haveing 



308 AN ENGLISH COLONIAL SYSTEM 

regard to the memorie and meritts of his late father ... by 
this Our present Charter, for us, Our heires and successors, 
Doe give and grant unto the said William Penn, his heires 
and assignes All that Tract or parte of land in America, [the 
long and indefinite bounding clause follows.] . . . and him 
the said William Penn, his heires and Assignes, Wee do, by this 
our Royall Charter . . . make, . . . the true and absolute 
Proprietaries of the Countrey aforesaid. Saving unto us . . . 
the Sovreignity of the aforesaid Countrey ... To bee 
holden of us, our heires and Successors, Kings of Eng- 
land, as of our Castle of Windsor, in our County of Berks, 
in free and common socage by fealty only for all services, and 
not in Capite or by Knights services, Yeelding and paying 
therefore . . . two beaver Skins to bee delivered att our said 
Castle of Windsor, on the first day of Januarie, in every yeare ; 
and also the fifth parte of all Gold and Silver Oare, which 
shall from time to time happen to be found within the Limitts 
aforesaid, cleare of all Charges, and . . . wee doe hereby 
erect the aforesaid Countrey and Islands, into a Province and 
Seigniorie, and doe call itt Pensilvayda . • . , And forasmuch 
as wee have hereby made and ordeyned the aforesaid AVilliam 
Penn, his heires and assignes, the true and absolute Proprietaries 
of all the Lands and Dominions aforesaid. Know yee there- 
fore, that wee reposing speciall trust and Confidence in the 
fidelitie, wisdome, Justice, and provident circumspeccon of 
the said William Penn . . . , Doe grant free, full and absolute 
power, by vertue of these presents to him and his heires, and 
to his and their Deputies, and Lieutenants, for the good and 
happy government of the said Countrey, to ordeyne, make, 
Enact, and under his and their Scales to publish, any Lawes 
whatsoever, for the raising money for the publick use of the 
said province, or for any other End apperteyning either unto the 
publick state, peace, or safety of the said Countrey, or unto 
the private utility of perticular persons, according unto their 
best discretions, by and ivith the advice, assent, and approbacon 
of the freemen of the said Countrey, or the greater parte of them, 



PENN'S GRANT OF PENNSYLVANIA 309 

or of their Delegates or Deputies, luhom for the Enacting of the 
said Lawes, ivhen, and as often as need shall require, Wee ivill, 
that the said William Penn, and his heires, shall assemble in such 
sort and forme as to him and them shall seeme best, and the 
same Lawes duely to execute unto, and npon all people within 
the said Countrey and limitts thereof; And wee doe like- 
wise give and grant unto the said William Penn, and his 
heires, and to his and their Deputies and Lieutenants, such 
power and authoritie to appoint and establish any Judges, 
and Justices, Magistrates and Officers whatsoever, for what 
Causes soever, for the probates of will and for the granting of 
Administracons within the precincts aforesaid, and with what 
power soever, and in such forme as to the said William Penn, 
or his heires, shall seeme most convenient. Alsoe, to remitt, 
release, pardon and abolish, whether before Judgement or 
after, all Crimes and Offences whatsoever, comitted within the 
said Countrey, against the said Lawes, Treason and wilfull 
and malicious Murder onely excepted ; and in those Cases, to 
Grant Reprieves untill Our pleasure may bee knowne thereon, 
and to doe all and every other thing and things which unto 
the compleate establishment of Justice unto Courts and 
Tribunals, formes of Judicature and manner of proceedings 
doe belong, altho' in these presents expresse mencon bee 
not made thereof ; . . . Provided, Nevertheles, that the said 
Lawes bee consonant to reason, and bee not repugnant or 
contrarie, but as neare as conveniently may bee agreeable to 
the Lawes, Statutes and rights of this our Kingdome of Eng- 
land, And Saveing and reserving to us, Our heirs and Successors, 
the receiving, heareing, and determining of the Appecde and 
Appeales, of all or any person or j^ersons, of, in or belonging to 
the Territories aforesaid, or touching any Judgement to bee 
there made or given . . . [In emergencies, the proprietor or 
his representatives may make ordinances without the consent 
of the freemen ; the same to be agreeable to the laws of 
England with limitation as in the Maryland Charter.] And 
our further will and pleasure is, that the Lawes for regulateing 



310 AN ENGLISH COLONIAL SYSTEM 

and governing' of Propertie, within the said Province, as well 
for the descent and enjoyment of lands, as likewise for the 
enjoyment and snccession of goods and Chattells, and likewise 
as to felonies, shall be and continne the same as shall bee for 
the time being, by the general conrse of the Law in our 
Kingdome of England, untill the said Lawes shall be altered 
by the said William Penn, his heires or assignes, and by the 
freemen of the said Province, their Delegates or Deputies, or 
the greater part of them. And to the End the said William 
Penn, or heires, . . . may not att any time hereafter, by inis- 
construeon of the powers aforesaid, through inadvertiencie or 
designe, depart from that faith and due allegiance which . . . 
they always owe unto us, Our heires and successors, ... by 
force or colour of any lawes hereafter to bee made in the 
said Province, . . . Our further will and pleasure is, that a 
transcript or Duplicate of all hitce.^ which shall bee soe as aforesaid, 
made and 2^((bli^hed wilhin the said prorince, shall ivithin Jive 
yeares after the makeing thereof be transuiitted and delivered to 
the privi/ Councell, for the time being, of us, our heires and 
successors; And if any of tlie said Lawes within the space of 
six months, after that they shall be soe transmitted and de- 
livered, bee declared by us, our heires or successors, in our or 
their privy Councell, inconsistent with the sovereignety or 
lawfull prerogative of us, our heirs or successors, or contrary 
to the faith and allegiance due by [^o] the legall Government 
of this realme, from the said William Penn, or his heires or 
of the Planters and Inhabitants of the said province ; and that 
thereupon any of the said Lawes shall bee adjudged and de- 
clared to bee void by us, our heirs or successors, under our 
or their Privy Seale, that then, and from thenceforth such Lawes 
concerning ichich such Judgement and declaracon shall be made, 
shall become voi/d, otherwise the said lawes soe transmitted, 
shall remaine and stand in full force according to the true 
intent and meaneing thereof.^ . . . 

[Grant of right to export products of the province into any 
1 This was the first provision for a direct English veto upon colonial laws. 



PENN'S GRANTS TO THE PENNSYLVANIANS 311 

English port, "and not into any other country whatsoeve," 
with a clause insisting upon obedience to " the Acts of Navi- 
gation."] And Wee doe further appoint and ordaine . . . That 
he the said William penn, his heires and assignes, may from 
time to time forever, have and enjoy the Customes and Sub- 
sidies in the ports, harbours and other Creeks, and places 
aforesaid, within the province aforesaid, payable or due for 
merchandizes and wares, there to be Laded and unladed, the 
said Customes and Subsidies to be reasonably assessed, upon 
any occasion by themselves, and the people there as aforesaid, 
to be assembled to whom wee Give power, by these presents 
for us, our heires and Successors, upon just cause, and in a due 
proporcon, to assesse and impose the same, Saveing unto us, our 
heires and Successors, such invposicons and customes as by Act 
of parliament are and shall he appointed. And further . . . Wee 
doe . . . grant . . . That Wee, our heeres and Successors shall 
att no time hereafter sett or make, or cause to be sett, any 
imposition, custome or other taxacon, rate or contribucon 
whatsoever, in and upon the dwellers and inhabitants of the 
aforesaid province, for their Lands, tenements, goods or chattels, 
within the said province, or in and upon any goods or mer- 
chandize within the said province, or to be laden or unladen 
within the ports or harbours of the said province, unles the same 
he with the consent of the proprietary, or chiefs Governor and 
assemhly, or hy Act of parliament in England.^ .... 

103. Penn's Grants to the Pennsylvanians 
a. ''Laws Agreed upon in England," 1683 

Hazard's AnnaU of Pennsylvania, 568-574. Penn gave a formal 
charter to the settlers in 1<)83, prefaced by the following "laws" which 
constitute a bill of rights and which were to be altered only by the con- 
sent of six sevenths of the legislature. The charter of 1683 was replaced 

1 All italics are by the editor. The Pennsylvania charter distinctly 
recognized the right of Parliament to tax the colonists. These clauses, with 
those regarding appeals and the royal veto, were added to Penn's draft by 
the King's Attorney-General. 



312 AN ENGLISH COLONIAL SYSTEM 

by that of 1701 (see b, below) ; but these " Lawes " were a separate 
instrument of government, and remained in force. 



III. That all elections of members or representatives of 
the people ... of the province ... to serve in the provin- 
cial council or general assembly, to be held within the said 
province, shall be free and voluntary, and that the elector that 
shall receive any reward or gift, in meat, drink, moneys, or 
otherwise, shall forfeit his right to elect ; and such person as 
shall directly or indirectly give, promise, or bestow such 
reward as aforesaid, to be elected, shall forfeit his election, 
and be thereby incapable to serve as aforesaid : and the pro- 
vincial council and general assembly shall be the sole judges 
of the regularity or irregularity of the elections of their own 
respective members. 

IV. That no money or goods shall be raised upon, or paid 
by any of the people of this province, by way of public tax, 
custom, or contribution, but by a law for that purpose made, 
and whosoever shall levy, collect, or pay any money or goods 
contrary thereto, shall be held a public enemy to the province, 
and a betrayer of the liberties of the people thereof. 

V. That all courts shall be open, and justice shall neither 
be sold, denied, or delayed. 



VII. That all pleadings, processes, and records in court, 
shall be short, and in English, and in an ordinary and plain 
character, that they may be understood, and justice speedily 
administered. 

VIII. That all trials shall be by twelve men, and as near 
as may be, peers or equals, and of the neighbourhood, and 
men without just exception. In cases of life, there shall be 
first twenty -four returned by the sheriffs for a grand inquest, 
of whom twelve at least shall find the complaint to be true, 
and then the twelve men or peers, to be likewise returned by 



PENN'S GRANTS TO THE PENNSYLVANIANS 313 

the sheriff, shall have the final judgment. But reasonable 
challenges shall be always admitted against the said twelve 
men, or any of them. 

IX. That all fees in all cases shall be moderate, and set- 
tled by the provincial council and general assembly, and be 
hung lip in a table in ever}^ respective court, and whosoever 
shall be convicted of taking more, shall pay twofold, and be 
dismissed his employment, one moiety of which shall go to 
the party wronged. 

X. That all prisons shall be workhouses for felons, va- 
grants, and loose and idle persons, whereof one shall be in 
every county. 

XI. That all persons shall be bailable by sufficient sure- 
ties, unless for capital offences, where the proof is evident, or 
the presumption is great. 

XII. That all persons wrongfully imprisoned or prose- 
cuted at law, shall have double damages against the informer 
or prosecutor. 

XIII. That all prisons shall be free as to fees, food, and 
lodging. 

XIV. That all lands and goods shall be liable to pay 
debts, except where there is legal issue, and then all the goods, 
and one-third of the land only. 

XV. That all wills in writing, attested by two witnesses, 
shall be of the same force as to lands as other conveyances, 
being legally proved within forty days, either within or with- 
out the said province. 

XVI. That seven years quiet possession shall give an un- 
questionable right, except in cases of infants, lunatics, married 
women, or persons beyond the seas. 



XXVIII. That all children within this province, of the 
age of twelve years, shall be taught some useful trade or 
skill, to the end none may be idle, but the poor may work to 
live, and the rich, if they become poor, may not want. 



314 AN ENGLISH COLONIAL SYSTEM 

XXIX. That servants be not kept longer than their time, 
and such as are careful be both justly and kindly used in 
their service, and put in fitting equipage at the expiration 
thereof, according to custom. 



h' Perm's Charter of Privileges to Pennsylvania, October 
28/jroveinher 8, 1701 

Votes and Proceedings of the House of Bepresentatives of Pennsyl- 
vania, I, pt. II, i-iii. 

A brief statement of the political conditions in the colony previous to 
this grant will be found in American History and Government, § 110. After 
a long absence in England, Penn returned to the colony in December, 
1699, to find turmoil and confusion. After a few months, it became clear 
that Penn must again go back to England promptly to save his pro- 
prietary rights from attacks there ; but before he left, he granted, and 
the Assembly accepted, this noble charter, which remained the constitu- 
tion of the colony until 1776, and which the more conservative patriots 
of that Revolutionary day wished to have continued still longer as the 
constitution of the independent State. 

Italics are as in the original. The editor has used black italics sparingly 
to call attention to especially important passages. 

[Recital of grant of charter of 1681 to Penn, the liberal 
''frame of government" established by Penn in 1683, the 
later distractions, and Penn's promise either to restore the 
"frame" of 1683 or to grant a new one "better adapted 
to . . . the present circumstances."] 

KNOW YE THEREFORE, That for the further Well-being 
and good Government of the said Province, and Terri- 
tories; and in Pursuance of the Rights and Powers before- 
mentioned, I the said William Penn do declare, grant and 
confirm, unto all the Freemen, Planters, and Adventurers, 
and other Inhabitants of this Province and Territories, these 
following Liberties, Franchises and Privileges, so far as in 
me lieth, to be held, enjoyed, and kept, by the Freemen, 
Planters and Adventurers, and other Inhabitants of and in 
the said Province, and Territories thereunto annexed, for ever. 



PENN'S GRANTS TO THE PENNSYLVANIANS 315 



BECAUSE no People can be truly happy, tho' under the 
greatest Enjoyment of civil Liberties, if abridged of the Free- 
dom of their Consciences, as to their Religious Profession and 
Worship : And Almighty God being the only Lord of Con- 
science, Father of Lights and Spirits ; and the Author as well 
as Object of all divine Knowledge, Faith and Worship, 
who only doth enlighten the Minds, and persuade and 
convince the Understandings of People, I do hereby grant 
and declare, That no Person or Persons, inhabiting in this 
Province or Territories, who shall confess and acknowledge 
One almighty God, the Creator, Upholder and Ruler of the 
World, . . . shall be in any Case molested or prejudiced, in 
his or their Person or Estate, because of his or their con- 
scientious PersAvasion or Practice, nor be compelled to fre- 
quent or maintain any religious Worship, Place, or Ministry, 
contrary to his or their Mind, or to do or suffer any other Act 
or Thing, contrary to their religious Perswasion.^ 

AND that all Persons who also profess to believe in Jesus 
Christ, the Saviour of the World, shall be capable (notwith- 
standing their other Perswasions and Practices in Point of 
Conscience and Religion) to serve this Government in any 
Capacity, both legislatively and executively, he or they sol- 
emnly promising, when lawfully required. Allegiance to the 
King as Sovereign, and Fidelity to the Proprietary and 
Governor, . . . 

II. 

FOR the well governing of this Province and Territories, 
there shall be an Assembly yearly chosen by the Freemen 
thereof, to consist of Four Persons out of each County, of 
most Note for Virtue, Wisdom, and Ability (or of a greater 
Number at any Time, as the Governor and Assembly shall 
agree) upon the first Day of October for ever; and shall sit 

iThis grant was also in the " Laws Agreed upon in England," XXXV. 



316 AN ENGLISH COLONIAL SYSTEM 

on the fourteenth Day of the same Month at Philadelphia, 
unless the Governor ^nd Council for the Time being, shall 
see Cause to appoint another Place within the said Province 
or Territories : Which Assembly shall have Power to chuse 
a Speaker and other their Officers; and shall be judges of the 
Qualifications and Elections of their own Members ; sit upon 
their own Adjournments; appoint Committees; prepare Bills, 
in order to pass into Laws ; impeach Criminals, and redress 
Grievances; and shall have all other Powers and Privileges 
of an Assembly, according to the Eights of the Freeborn 
Subjects of England, and as is usual in any of the King's 
Plantations in America. 

AND if any County or Counties, shall refuse or neglect to 
chuse their respective Representatives as aforesaid, or if chosen, 
do not meet to serve in Assembly, those who are so chosen and 
met, shall have the full Power of an Assembly, in as ample 
Manner as if all the Eepresentatives had been chosen and met, 
provided they are not less than Two Thirds of the whole Num^ 
ber that ought to meet. 

AND that the Qualifications of Electors and Elected, and all 
other Matters and Things relating to Elections of Representa- 
tives to serve in Assemblies, tlio' not herein particularly ex- 
pressed, shall be and remain as by a Law of this Government, 
made at Newcastle in the Year One Thousand Seven Hundred, 
intituled, An Act to ascertain the Number of Members of Assem- 
bly, and to regulate the Elections} 

III. 

THAT the Freemen in each respective County, at the Time 
and Place of Meeting for Electing their Representatives to serve 
in Assembly, may, as often as there shall be Occasion, chuse 
a double Number of Persons to present to the Governor for 
Sheriffs and Coroners, to serve for Three Years, if so long they 

iThat act decreed that, iu order to vote, a mau must own " fifty acres of 
land, . . . twelve acres thereof , or more, cleared and improved; or be other- 
wise worth fifty pounds lawful money " above all indebtedness. 



PENN'S GRANTS TO THE PENNSYLVANIANS 317 

behave themselves well ; out of which respective Elections and 
Presentments, the Governor shall nominate and commissionate 
one for each of the said Offices, the third Day after such Present- 
ment, or else the first named in such Presentment, for each 
Office as aforesaid, shall stand and serve in that Office for the 
Time before respectively limited ; and in case of Death or De- 
fault, such Vacancies shall be supplied by the Governor, to serve 
to the End of the said Term. 

PROVIDED ALWAYS, That if the said Freemen shall, at any 
Time, neglect, or decline to chuse a Person or Persons for either 
or both the aforesaid Offices, then and in such Case, the Persons 
that are or shall be in the respective Offices of Sheriffs or Cor- 
oners, at the Time of Election, shall remain therein, until 
they shall be removed by another Election as aforesaid. 

AND that the Justices of the respective Counties, shall or 
may nominate and present to the Governor three Persons, to 
serve for Clerk of the Peace for the said County when there is 
a vacancy, one of which the Governor shall commissionate 
within ten Days after such Presentment, or else the first nomi- 
nated, shall serve in the said Office during good Behaviour. 

IV. 

[Style and manner of recording laws.] 

V. 

THAT all Criminals shall have the same Privileges of Wit- 
nesses and Council as their Prosecutors. 

VI. 

THAT no Person or Persons shall, or may, at any Time here- 
after, be obliged to answer any Complaint, Matter or Thing 
whatsoever relating to Property, before the Governor and Coun- 
cil, or in any other Place, but in ordinary Course of Justice, 
unless Appeals thereunto shall be hereafter by Law appointed. 



318 AN ENGLISH COLONIAL SYSTEM 

VII. 

[Ordinaries and Taverns to be licensed by the Governor, on 
recommendation of the Justices of the counties concerned, — 
with power to suppress for misbehaviour.] 

VIII. 

IF any Person, through Temptation or Melancholy, shall 
destroy himself, his Estate, real and personal, shall, notwith- 
standing, descend to his Wife and Children, or Relations, as if 
he had died a natural Death ; ^ and if any Person shall be de- 
stroyed or killed by Casualty or Accident, there shall be no 
Forfeiture to the Governor by Reason thereof. 

AND no Act, Law or Ordinance whatsoever shall, at any 
Time hereafter, be made or done, to alter, change or diminish 
the Form or Effect of this Charter, or of any Part or Clause 
therein, contrary to the true Intent and Meaning thereof, 
without the Consent of the Governor for the Time being, and Six 
Parts of Seven of the Assembly met.'- 

BUT because the Happiness of Mankind depends so much 
upon the Enjoying of Liberty of their Consciences as aforesaid, 
I do hereby solemnly declare, promise and grant, for me, my 
Heirs and assigns, That the first Article of this Charter relat- 
ing to Liberty of Conscince, and every Part and Clause therein, 
according to the true Intent and Meaning thereof, shall be kept 
and remain, without aiiy Alteration, inviolabhj for ever? 



[Provision for separation of the Delaware " Territories " 
under their own legislature, if they so desire.] 

1 By the law of England, the property of a suicide, like that of a man con- 
victed of a felony, escheated to the crown. The other half of this same para- 
graph abolished another ancient legal cruelty. 

2 This provision (adopted also from the "Laws Agreed upon in England") 
is the first attempt in a constitution to establish a regular vxethod of amend- 
ment. The attempt to exclude a portion of the document from amendment, 
so common for long afterward, begins here also (next paragraph). 



BERKELEY'S REPORT ON VIRGINIA, 1671 319 

NOTWITHSTANDING which Separation of the Province 
and Territories, in Respect of Legislation, I do hereby promise, 
grant and declare, That the Inhabitants of both Province and 
Territories, shall separately enjoy all other Liberties, Privi- 
leges and Benefits, granted jointly to them in this Charter, 
any Law, Usage or Custom of this Government heretofore 
made and practised, or any Law made and passed by the 
General Assembly, to the contrary hereof notwithstanding. 

104. Berkeley's Report on Virginia, 1671 

Hening's Statutes, II, 511-517. 

Ill 1670 the Colonial Board (No. 99, above) sent out questions, which, 
with the answers of Governor Berkeley for Virginia (1(371), are given be- 
low. Other colonies sent like reports. 

1. What councils, assemblies, and courts of judicature are 
within your government, and of what nature and kind ? 

Answer. There is a governor and sixteen counsellors, who 
have from his sacred majestic, a commission of Oyer and Ter- 
miner, who judge and determine all causes that are above 
fifteen pound sterling ; for what is under, there are particular 
courts in every county, which are twenty in number. Every 
year, at least the assembly is called, before whom lye appeals, 
and this assembly is composed of two burgesses out of every 
county. These lay the necessary taxes, as the necessity of 
the war with the Indians, or their exigencies require. 

[2. Courts of admiralty.] 

3. Where the legislative and executive powers of your 
government are seated ? 

Answer. In the governor, councel and assembly, and officers 
substituted by them. 

4. What statute laws and ordinances are now ... in force ? 
Answer. The secretary of this country every year sends to 

the lord chancellor, or one of the principal secretaries, what 
laws are yearly made ; which for the most part concern only 
our own private exigencies ; for, contrary to the laws of England, 



320 AN ENGLISH COLONIAL SYSTEM 

we never did, nor dare make any, only this, that no sale of 
land is good and legal, unless within three months after the 
conveyance it be recorded in the general court, or county 
courts. 

5. What number of horse and foot are within your govern- 
ment, and whether they be trained bands or standing forces ? 

Ansice7\ All our freemen are bound to be trained every 
month in their particular counties, which we suppose, and do 
not much mistake in the calculation, are near eight thousand 
horse : there are more, but it is too chargeable for poor people, 
as wee are, to exercise them. 

6. (Castles and forts.) 

7. What number of privitiers do frequent your coasts . . . 
the number of their men, and guns, and names of their com- 
manders ? 

Ansiver. None to our knowiedge, since the late Dutch war. 

8. What is the strength of your bordering neighbors, be 
they Indians or others . . . ? 

Answer. We have no Europeans seated nearer to us than 
St. Christophers or Mexico, that we know of, except some few 
ffrench that are beyond New England. The Indians, our 
neighbours, are absolutely subjected, so that there is no fear of 
them ^ . . . 

9. (Arms, amunition, and stores ..." sent you upon his 
majestys account? '') 

Ansivei'. . . . His majesty in the time of the Dutch warr, sent 
us thirty great guns, most of which were lost in the ship that 
brought them. [No others sent; some bought by the colony.] 

10. What monies have been paid ... by his majesty, or 
levied within your government for and towards the buying of 
armes or making or maintaining of any ffortifications or castles, 
and how have the said monies been expended ? 

Ansiver. Besides those guns I mentioned, we never had any 
monies of his majesty towards the buying of ammunition or 

1 Five years later came an Indian uprising in which at least 300 colonists 
lost their lives. 



BERKELEY'S REPORT ON VIRGINIA, 1671 321 

building of fforts. What monies can be spared out of the 
publick revenue, we yearly lay out in ammunition. 

11. What are the boundaries and contents of the land, 
within your government ? 

Answer. As for the boundaries of our land, it was once 
great, ten degrees in latitude, but now it has pleased his 
majesty to confine us to halfe a degree. Knowingly, I speak 
this. Pray God it may be for his majesty's service, but I 
much fear the contrary.^ 

12. What commodities are there of the production, growth 
and manufacture of your plantation ; and particularly, what 
materials are there already growing, or may be produced for 
shipping in the same ? 

Answer. Commodities of the growth of our country, we 
never had any but tobacco, which in this yet is considerable, 
that it yields his majesty a great revenue ; but of late, we have 
begun to make silk, and so many mulberry trees are planted, 
and planting, that if we had skilfuU men from Naples or 
Sicily to teach us the art of making it perfectly, in less than 
half an age, we should make as much silk in an year as Eng- 
land did yearly expend three score years since; but now we 
hear it is grown to a greater excess, and more common and 
vulgar usage. Now, for shipping, we have admirable masts 
and very good oaks ; but for iron ore I dare not say there is 
sufficient to keep one iron mill going for seven years. 

13. Whether salt-petre is or may be produced within your 
plantation, and if so, at what rate may it be delivered in England ? 

Answe?'. Salt-petre, we know of none in the country. 

14. What rivers, harbours or roads are there in or about 
your plantation and government, and of what depth and 
soundings are they ? 

Answer. Rivers, we have four, as 1 named before, all able, 
safely and severally to bear an harbour a thousand ships of the 
greatest burthen. 

1 As governor of Virginia, Berkeley is disposed to side with the colony 
against the English policy. Cf. 19, note, below. 



322 AN ENGLISH COLONIAL SYSTEM 

15. What number of planters, servants and slaves ; and how- 
many parishes are there in your plantation ? 

Answer. We suppose, and 1 am very sure we do not much 
miscount, that there is in Virginia above forty thousand 
persons, men, women and children, and of which there are two 
thousand black slaves, six thousand christian servants, for a 
short time ; the rest are born in the country or have come in to 
settle and seat, in bettering their condition in a growing 
country. 

16. What number of English, Scots, or Irish have for these 
seven years past came yearly to plant . . . within your 
government ; as also what blacks or slaves have been brought 
in ... ? 

Ansiver. Yearly we suppose there comes in, of servants, 
about fifteen hundred, of which most are English, few Scotch, 
and fewer Irish, and not above two or three ships of Negroes 
in seven years.^ 

17. [Mortality? The answer expresses inability to give 
exact figures, from lack of a " register ofiice," but insists upon 
improvements in health of new immigrants as compared with 
earlier times.] 

18. What number of ships to trade yearly to and from your 
plantations, and of what burthen are they ? 

Answer. English ships, near eighty, come out of England 
and Ireland every year for tobacco ; few New England ketches ; 
but of our own we never had yet more than two at one time, and those 
not more than twenty tons burthen. 

19. What obstructions do you find to the improvement of 
trade and navigation . . . ? 

Answer. Mighty and destructive, by that severe act of parliament 
which excludes us the having any commerce with any nation in Europe 
but our own.- [Navigation Acts of 1660, 1663] . . . Besides 
this, we cannot procure any skillfull men for our now hopefuU 

lEven as negroes were packed, the slaver of that time rarely carried a hun- 
dred slaves. 

2 Italicized by the editor. Cf. 11, above, and the note- 



BERKELEY'S REPORT ON VIRGINIA, 1671 323 

commodity, silk ; for it is not lawfull for us to carry a pipe- 
stave or a barrel of corn to any place in Europe out of the 
king's dominions.^ If this were for his majesty's service or 
the good of his subjects, we should not repine, whatever our 
sufferings . . . but on my soul, it is the contrary for both. 
And this is the cause why no small or great vessels are built 
here ; ^ for we are most obedient to all laws, whilst the New 
England-men break through, and trade to any place that their 
interests lead them. 

20. What advantages ... do you observe that may be 
gained to your trade or navigation ? 

Answer. None, unless we had liberty to transport our pipe 
staves, timber and corn to other places besides the king's 
dominions. 

21. What rates and duties are charged and payable upon 
any goods exported out of your plantation, whither of your 
own growth or manufacture, or otherwise, as also upon goods 
imported ? 

Ansice7\ No goods, either exported or imported, pay any the 
least duties here, only two shillings the hogshead on tobacco 
exported, which is to defray all public charges ; and this year 
we could not get an account of more than fifteen thousand 
hogsheads, out of which the king allows me a thousand yearly, 
with which I must maintain the part of my place, and one 
hundred intervening charges that cannot be put to public 
account. And I can knowingly affirm, that there is no gov- 
ernment of ten years settlement, but has thrice as much al- 
lowed him. But I am supported by my hopes, that his gracious 
majesty will one day consider me. 

22. What revenues doe or may arise to his majesty within 
your government, and of what nature is it ; by whom is the 

1 This is a gross overstatement on Berkeley's part. Cf . Amey^ican History 
and Government, § 96. It is notable, however, that even a courtier, like 
Berkeley, as a colonial governor, takes the point of view of his province 
against English policy. Cf. ih., § 118. 

2 Then why no Virginia ships before 1660 ? 



324 AN ENGLISH COLONIAL SYSTEM 

same collected, and how answered and accounted to his maj- 
esty ? 

Answer. There is no revenue arising to his majesty but out 
of the quit-rents ; and this he hath given away to a deserving 
servant, Col. Henry Norwood. 

23. What course is taken about the instructing the people, 
within your government in the christian religion . . . ? 

Answer. The same course that is taken in England out of 
towns ; every man according to his ability instructing his 
children. We have fforty eight parishes, and our ministers 
are well paid, and by my consent should be better if they 
would pray oftener and preach less. But of all other commodi- 
ties, so of this, the worst are sent us, and we had few that we 
could boast of, since the persicution in CromwelVs tiranny drove 
divers worthy men hither. But, I thank God, there are no free 
schools nor printing, and I hope we shall not have these hundred 
years ; for learning has brought disobedience, and heresy, and 
sects into the world, and printing has divulged them, and libels 
against the best government. God keep us from both ! 

105. The Franchise in Virginia again Restricted ^ 

Hening's Statutes at Large. 

For the general reaction of this period, American History and Govern- 
ment, §§ 103, 104. 

[October, 1670.] 

Act III. Whereas the usuall way of chuseing burgesses by 
the votes of all persons who, haveing served their tyme, are 
ffreemen of this country, who, haveing little interest in the 
country, doe oftner make tumults at the election to the dis- 
turbance of his majesties peace, then by their discretions in 
their votes provide for the conservasion thereof, by makeing 
choyse of persons fitly qualifyed for the discharge of soe 
greate a trust. And whereas the lawes of England grant a voyce in 

1 Cf. No. 35, above. 



"BACON'S LAWS," IN VIRGINIA 325 

such election only to such as by their estates real or personall have 
interest enough to tye them to the endeavour of the puhlique good; 

It is hereby enacted, that none but ffreehoklers and house- 
keepers who only are answerable to the publique for the 
levies shall hereafter have a voice in the election of any bur- 
gesses in this country ; and that the election be at the court 
house. 

["Bacon's Assembly"' of 1676 repealed this restriction and restored 
free manhood franchise ; but that act fell with the other attempted re- 
forms of that year ; Nos. 106, 109, below.] 

106. " Bacon's Laws," in Virginia (Political Discontent) 

Hening's Statutes at Large, II, 341-365. 
Cf. American History and Government, § 105. 

At a Grand Assemblie Holden at James Citie the fifth day of 
June, 1676. 

Act I. [An act for carrying on a warre against the barbarous 
Indians.] 

[Nearly ten pages. Declares war ; Provides an army of 1000 
men ; decrees that captives shall be made slaves ; appoints 
Bacon ^' genii, and commander in cheife."] 

Act II. [Prohibits trade with Indians.] 

Act III. [Reserves to the colony as a whole any deserted 
Indian lands.] 

Act IV. [To suppress tumults.] 

ActV. [Sheriffs.] 

Whereas divers complaints have been made throughout the 
country of the abuses ... of divers offices . . . Bee it en- 
acted by the governour, councell, and burgesses of this grand as- 
sembly, and by the authority of the same, that noe person what- 
soever within this country shall exercise, hold, and enjoy the 
office of sherriffe or under-sherriffe more than one year succes- 
sively. [Penalt}^, 20,000 pounds of tobacco] . . . Ayid bee it 
further enacted . . . that noe person or persons whatsoever 
shall hold or enjoy two of these offices hereafter named at one 



326 AX ENGLISH COLONIAL SYSTEM 

and the same time . . . viz. . . . slierriffs, clerke of courte, 
surveyor, and escheator. . . . [Threeyears residence necessary 
for eligibility to any office. . . . Provision, in much detail, 
against sheriffs or other officers exacting more than the legal 
fees.] 

Act VI. [Vestries.] 

Whereas the long continuance of vestries ... is presented as 
a greivance. Bee it enacted . . . that it shall and may be law- 
full . . . for the freeholders and freemen of every parish . . . 
by the majoritie of votes to elect . . . certaine freeholders or 
substantiall householders to the number of twelve . . . which 
said twelve shall be . . . the vestrie of the parish . . . and 
such election to be made . . . once in every three yeares. 

Act YII [Suffrage.] 

Bee it enacted . . . that the act of assembly [1770; see No. 105] 
. . . which forbids freemen to have votes in the election of 
burgesses be repealed, and that they be admitted, together 
with freeholders and householders, to vote as formerly in such 
elections. 

Act VIII. [To add representatives to the Board of County 
Justices, except for judicial purposes.] 

W/zereas the justices of the county courts . . . have accustom- 
marily sett ... a rate or assessment upon the people of their 
counties . . . and whereas it hath been suspected . . . that 
under colour thereof many sums have bin raised . . . for the 
interest of particular persons. . . . Bee it enacted . . . that some 
of the discreetest and ableest of the inhabitants of each county, 
equal in number to the number of justices ... be yearly chosen 
• • • [by parishes] by majoritie of votes of householders, ffree- 
holders, and ffreemen . . . which said representatives, together 
with the justices . . . are to meet at the usual place . . . and 
are hereby authorized and impowered to have equal votes with 
them, the said justices, in laying county assessments and of [in] 
making wholesome by-lawes for the good of their counties. 

IX, X, XI. [Forms of procedure in collecting levies and ad- 
ministering estates.] 



"BACON'S LAWS," IX VIRGINIA 327 

XII. [Abolition of exemptions from taxation.] 

For the greater ease of the country . . . Bee it enacted that 
the 5oth act of the printed laws [code of 1662], soe far as it 
relates to the honorable councill of state and ministers, bee 
. . . repealed, and that for the future the persons of the coun- 
cill and all others of their families be liable to pay levies . . . 
and that the j^erson of every minister bee exempted, . . . but 
all other tithable persons in his familie shall be liable to pay 
levies. . . . 

XIII. [Permitting wolf-bounties.] 

XIY. [Regarding trespass by " unrulie horses " " within 
another person's enclosure."] 

XV. [Forbids exportation of corn until next session of the 
assembly.] 

XVI. [For temperance reform.] 

Whereas it is most apparently found that the many ordi- 
naries [taverns] in severall parts of the country are very preju- 
dicial!. . . Bee it therefore enacted . . . that no ordinaries, 
ale houses, or other tipling houses whatsoever ... be kept 
in any yjart of the country [except '• at James Citty " and " at 
the two great ferries " of Yorke river] ; Provided . . . that 
[these exceptions] be admitted ... to sell . . . mare's meate, 
horse-meate, beer, and syder, but no other strong drinke what- 
soever. . . . [Penalty of 1000 pounds tobacco for selling " any 
sorte of drinke or liquor " or for " being drunke . . . in his 
. . . /lOMse."] 

XVII. XVIII. [Special Acts, relating to James City and 
two counties.] 

Act XIX. \^General Pardon and Oblivion.^ 

Act XX. [Disabling Lt. Col. Edward Hill and Lieut. John 
Stith. from bearing any office, civil or military, because these 
men had "bin the greatest instruments ... of raiseing, pro- 
moteing, and stirring up the late differences and misunderstand- 
ings . . . between the honorable govern our and his majesties 
good and loyal subjects," Beacon's party.] 



328 AN ENGLISH COLONIAL SYSTEM 

107. Bacon's Proclamation, July 30, 1676 

Massachusetts Historical Society Collections, Fourth Series, IX, 
184-187. 

The closing paragraphs (here given) follow some two pages of specific 
charges of raisgovernment against Governor Berkeley and certain of " his 
wicked and pernicious counsellors, confederates, aides and associates 
against the Comonality." 

The Declaracion of the People 

. . . And we doe further demand that the said Sir ^^"illiam 
Berkeley with all the persons in this list be forthwith delivered 
up or surrender themselves within fower days after the notice 
hereof, Or otherwise we declare as followeth. 

That in whatsoever place, howse, or ship, any of the said 
persons shall reside, be hidd, or protected, we declaire the 
owners, Masters or inhabitants of said places, to be con- 
federates and trayters to the people ; and the estates of them as 
alsoe of all the aforesaid persons to be confiscated, and this we 
the Commons of Virginia, doe declare, desiering a firme union 
amongst ourselves that we may joyntly and with one accord 
defend ourselves against the common Enimy, and lett not the 
faults of the guilty be the reproach of the inocent, or the faults 
or crimes of the oppressors devide and separate us who have 
suffered by theire oppressions. 

These are therefore in his majesties name to command you 
forthwith to seize the persons above mencioned as Trayters to 
the King and Country and them to bring to Midle plantacon, 
and there to secure them untiil further order, and in case of 
opposicion, if you want any further assistance you are forth- 
with to demand itt in the name of the people in all the Coun- 
ties of Virginia. 

Nath. Bacon. 

Genii by Consent of the people. 



CAUSES OP BACON'S REBELLION 329 

108. Testimony of Political Discontent as a Cause of Bacon's 
Rebellion 

Virginia Historical Magazine, II, 166-173, 289-292. 

When Bacon's Rebellion had been crushed, royal commissioners ar- 
rived in the colony, with instructions to inform themselves " of all 
grievances." The commissioners met the inhabitants at various County 
Courts, and took down their complaints in writing. These complaints 
show some of the real causes of Bacon's Rebellion. Of course, to these 
royal commissioners the people as a rule would say little of infringements 
upon political liberty (because commissioners from Charles II could not 
be expected to have any sympathy with such complaints), and they 
would say much about misgovernment and economic oppression. The 
following extracts from the commissioners' records are selected to show 
that complaints regarding political oppression did find voice, even under 
such conditions. These entries might be greatly extended. 

(1) Gloster County 

4. That severall grievances being presented to the June 
Assembly [1676] upon which many good Lawes were consented 
to by that Assembly [No. 106] . . . they Beg those good and 
wholesome Lawes may be confirmed. 

(2) Longer Norfolk County 

5. Eequest for Liberty to Transport their Tobacco to any 
of his majesties Plantations without paying the Impost pay- 
able by Act of Parliament. [This request the commissioners 
declare ^^ wholly mutinous."] 

(3) Surry County 

1. That the last Assembly continued many yeares . . . 

10. That it has been the custome of County Courts att the 
laying of the levy to withdraw into a private Roome, — by 
which meanes the poore people, not knowing for what they 
paid, did admire how their taxes could be so high. 

12. That, contrary to the lawes of England and this Country, 
high sheriffs have usually continued two years, and under 



330 AN ENGLISH COLONIAL SYSTEM 

sheriffs 3 or 4 years together : wee humbly pray that for the 
future no person may continue sheriffe above one yeare. 

14. That we have not had liberty to choose vestrymen: 
wee humbly desire that the wholle parish may have a free 
election. 

15. That since his most gracious Majesty hath been most 
mercifully pleased to pardon our late disloyalty, wee most 
earnestly and humbly pray that this present grand assembly 
would make an Act of Oblivion, — that no person may be 
injured by the provoking names of Rebell, Traitor and Rogue. 

(4) Northampton County 

2. That we may have Liberty grannted iis to choose a new 
vestery, and that every three years a new vestery may be 
chosen. 

6. That it may be graunted us to make a free choyse of six 
housekeepers without Interposing of any Euling Magistratre 
[to sit with the Justices of the County as a Board to assess 
taxes], to prevent oppressions ... as we humbly suspect . . . 
to have Received heretofore. 

15. That no Sheriff may officiate two years together. 

(5) Isle of Wight 

14. We desire wee may have libertie to chuse our Vestries 
once in three yeares, and that their may noe member of the 
Court [County Justices] be therein. 

109. Abolition of Bacon's Reforms for Virginia 

a. The King's Orders 

Additional instructions [from King Charles //] for our trusty and 
well beloved Sir William Berkeley, Knt. our governor of our colony 
of Virginia, November 13, 1676 

Hening's Statutes, II, 424 ff. 



REPEAL OF POPULAR REFORMS 331 

2. You shall take care that the members of the assembly be 
elected only by ffreeholders, as being more agreeable to the 
custome of England, to which you are as nigh as conveniently 
you can to conforme yourselfe. 

6. You shall declare voyd and null all the proceedings of 
the late assembly . . . ["Bacon's Assembly "]. 

b. Repeal hy the Assembly, February, 1676/1677 
Hening's Statutes at Large^ II, 380. 

Whereas Nathaniell Bacon ... in the month of June, 1676 
. . . did enter James Citty in a rebellious manner with a con- 
siderable number of armed men . . . environing and beseigeing 
the governour and councell and burgesses . . . threatening 
them with sudden death if they would not grant his unreason- 
able, unlawfull, rebellious and treasonable demands, and by 
his threats and . . . violence did obteine to him self e whatso- 
ever he soe . . . demanded; And whereas the kings most 
excellent majestic by his gratious proclamation . . . hath long 
since declared all the proceedings of the said assembly to be 
voyd in law : Bee it therefore enacted hy this present grand 
assembly and the authority thereof, and it is hereby enacted, that 
all acts, orders, and proceedings of the said grand assembly be 
repealed and made null and voyd. 

110. Self-government in Massachusetts Decreased 

a. Randolph's Report, 1676 

Hutchinson's Collection of Original Papers (1769), 477 ff. 

Randolph had been sent to the colonies as a " commissioner" by the 
Lords of Trade. 



332 AN ENGLISH COLONIAL SYSTEM 

Second Enquiry. What lawes and ordinances are now in 
force there derogatory or contrary to those of England,, and 
what oath is prescribed by the government ? 

The lawes and ordinances made in that colony are no longer 
observed than as they stand with their convenience. The 
magistrates not so strictly minding the letter of the law when 
their publick interest is concerned, in all cases more regarding 
the quality and affection of the persons to their government 
than the nature of their offence. They see no evill in a church 
member, and therefore it is very difficult to get any sentence 
or verdict against him, tho' in the smallest matters. 

No law is in force or esteeme there but such as are made by 
the generall court, and therefore it is accounted a breach of 
their privileges and a betraying of the liberties of their com- 
monwealth to urge the observation of the lawes of England or 
his Majesties commands. 

Tlie lawes most derogatory and contradictory to those of England. 

All persons of the age of 21 years, being excommunicate or 
condemned, have liberty to make wills and dispose of lands 
and estates. 

In capital cases, dismembering or banishment; where no 
law is made by the generall court, or in case of defect of a law 
in any particular case, the offender to be tryed by the word of 
God and judged by the generall court. 

Ministers are ordained by the people and no injunction to be 
put upon any church officer or member, in point of doctrine, 
worship or discipline, whether for substance or circumstance, 
besides the institution of the Lord. 

Whoever shall observe christmasse day or the like festivity, 
by forbearing to labour, feasting or other way shall pay 5s. 
and whosoever shall not resort to their meeting upon the 
Lord's day and such days of fasting and Thanksgiving as shall 
be appointed by authority, shall pay 5s. no days commanded 
by the lawes of England to be observed or regarded. 

No person shall be impressed or compelled to serve in any 



RANDOLPH'S REPORT 333 

wars but such, as shall be enterprized by that commonwealth, 
by the consent of a generall court, or by authority derived 
from them. 

No person whatsoever shall joine any persons in marriage 
but a magistrate, it being an honorable ordinance and therefore 
should be accordingly sollemnized. 

All strangers professing the true christian religion that 
shall fly to them for succour from the tyranny or oppression 
of their persecutors, or for any necessary or compulsory cause, 
they shall be entertained and protected amongst them accord- 
ing to that power and prudence God shall give them. By 
which law Whalley and Gosse and other tray tors were kindly 
receaved and entertained by Mr. Godkins and other magistrates. 

Whosoever shall be in the possession of any land 5 years, 
altho' the grant of said land was to another, and the possessor 
have nothing to shew for the alienation thereof but his 
possession, the possessor shall have the land confirmed to him. 

No oath shall be urged or required to be taken by any 
person but such oath as the generall court hath considered 
allowed and required. 

The oaths of allegiance and supremacy are neither taken by 
the magistrates nor required to be taken by the inhabitants, 
only an oath of fidelity to the government is imposed upon all 
persons as well strangers as inhabitants, upon the penalty of 
5 I. for every week they shall refuse the said oath. 

h. Second Charter of Massachusetts, October 7 / 17, 1691 

Acts and Besolves of the Province of Massachusetts Bay, I, 1-20. 

The stubborn persistence of Massachusetts in resisting all regulation 
from England finally involved all New England in the despotic rule of 
Andros. On the overthrow of Andros (on the flight of James II and the 
accession of William III), Connecticut and Rhode Island continued 
their former charter governments ; but the Massachusetts Charter of 
1G29 had been declared void by the English courts and had been formally 
surrendered. The best Massachusetts could now do was to secure a 
much more limited instrument. Eor a fuller history, cf. American 
History and Government, § 97. 



334 AN ENGLISH COLONIAL SYSTEM 

[Recital of the creation of the Plymouth Council in 1620, 
of the grant by that Council to the Massachusetts Bay Com- 
pany in 1628, of the royal charter of 1629, and of the vacating 
of that charter in 1684.] 

^ntJ OTfjereas severall persons employed as Agents in behalfe 
of Our said Collony of the Massachusetts Bay in New England 
have made their humble application unto Us that Wee would 
be graciously pleased by Our E-oyall Charter to Incorporate 
Our Subjects in Our said Colony and to grant and confirme 
unto them such powers priviledges and Franchises . . . and 
Wee being graciously pleased to gratifie Our said Subjects. 
And alsoe to the end Our good Subjects within Our Collony 
of New Plymouth in New England aforesaid may be brought 
under such a forme of Gov^ernment as may put them in 
a better Condition of defence . . . 

. . . 5Mee doe by these presents for Us Our Heirs and 
Successors Will and Ordeyne that the Territories and Collonyes 
comonly called or known by the Names of the Collony of 
the Massachusetts Bay, and Collony of New Plymouth, the 
Province of Main, the Territorie called Accadia or Nova 
Scotia, and all that Tract of Laud lying betweene the said 
Territories of Nova Scotia and the said Province of Main 
be Erected United and Incorporated . . . into one reall Prov- 
ince by the Name of Our Province of the Massachusetts Bay 
in New England And . . . [grant of territory] . . . 

Probitieti . . • that all and every such Lands Tenements 
and Hereditaments and all other estates which any person 
or persons or Bodyes Politique or Corporate (Townes, Villages, 
Colledges, or Schooles) doe hold and enjoy or ought to hold 
and enjoy within the bounds aforesaid by or under any Grant 
or estate duely made or granted by any Generall Court 
formerly held or by vertue of the Letters Patents herein 
before recited or by any other lawfull Bight or Title whatso- 
ever shall be by . . . [them] . . . for ever hereafter held 
and enjoyed according to the purport and Intent of such 
respective Grant. . . . And wee doe further . . . Estab- 



MASSACHUSETTS CHARTER OF 1691 335 

lish and ordeyne that . . . there shall be one Govern our, 
One Leiutenant or Deputy Governour, and One Secretary of 
Our said Province or Territory, to be from time to time 
appointed and Commissionated by Us . . . and Eight and 
Twenty Assistants or Councillors to be advising and assisting 
to the Governour . . . for the time being as by these presents 
is hereafter directed and appointed, which said Councillors 
or Assistants are to be Constituted, Elected, and Chosen in 
such forme and manner as hereafter in these presents is 
expressed. [Appointment of first set of officers, the Assistants 
to continue until the last Wednesday in May, 1693.] 

^nti ©ur Will and Pleasure is that the Governour . . . shall 
have Authority from time to time at his discretion to assemble 
and call together the Councillors or Assistants . . . and that 
the said Governour with the said Assistants or Councillors or 
Seaven of them at the least shall and may from time to time 
hold and keep a Councill for the ordering and directing the 
Affaires of Our said Province ^nti jjuitijcr Wee Will . . . that 
there shall ... be convened ... by the Governour . . . upon 
every last Wednesday in the Moneth of May every yeare for 
ever and at all such other times as the Governour . . . shall 
think fitt and appoint a great and Generall Court of Assembly 
Which . . . shall consist of the Governour and Councill or 
Assistants . . . and of such Freeholders ... as shall be from 
time to time elected or deputed by the Major parte of the 
Freeholders and other Inhabitants of the respective Townes 
or Places who shall be present at such Elections ... To which 
Great and Generall Court . . . Wee doe hereby . . . grant 
full power and authority from time to time to direct . . . what 
Number each County Towne and Place shall Elect and Depute 
to serve for and represent them respectively . . . Probiticti 
alwayes that noe Freeholder or other Person shall have a 
Vote in the Election of Members . . . who at the time of such 
Election shall not have an estate of Fi-eehold in Land within 
Our said Province or Territory to the value of Forty Shillings 
per Annum at the least, or other estate to the value of Forty 



336 AN ENGLISH COLONIAL SYSTEM 

pounds Sterling . . . and that the Governour for the time being 
shall have fidl power and Authority from time to time as he shall 
Judge necessary to adjourne Prorogue and dissolve all Great ajid 
Generall Courts . . . And . . . Wee doe . . . Ordeyne that 
yearly once in every yeare . . . the aforesaid Number of Eight 
and Twenty Councillors or Assistants shall be by the Generall 
Court . . . newly chosen . . . [Four at least of the Assistants to 
come from the former Plymouth Colony and three from Maine. 
The General Court may remove Assistants from office, and may 
also fill vacancies caused by removal or death.] And Wee 
doe further Grant and Ordeyne that it shall and may be law- 
full for the said Governour with the advice and consent of 
the Councill or Assistants from time to time to nominate and 
appoint Judges, Commissioners of Oyer and Terminer, Sheriffs, 
Provosts, Marshalls, Justices of the Peace, and other Officers 
to Our Councill and Courts of Justice belonging, Probitieti 
alwayes that noe such Nomination or Appointment of Officers 
be made without notice first given or summons issued out 
seaven dayes before such Nomination or Appointment unto 
such of the said Councillors or Assistants as shall be at that 
time resideing within Our said Province . . . and for the 
greater Ease and Encouragement of Our Loveing Subjects In- 
habiting our said Province . . . and of such as shall come to 
Inhabit there Wee doe . . . Ordaine that for ever hereafter 
there shall be a liberty of Conscience allowed in the Worshipp of 
God to all Christians {Except Papists) Inhabiting . . . within 
our said Province . . . [Courts for the trial of both civil and 
criminal cases may be established by the General Court, reserv- 
ing to the governor and assistants matters of probate and 
administration.] ^nti infjtrEas Wee judge it necessary that all 
our Subjects should have liberty to Appeale tons ... in Cases 
that may deserve the same Wee doe . . . Ordaine that incase 
either party shall not rest satisfied with the Judgement or 
Sentence of any Judicatories or Courts within our said Province 
... in any Personall Action tvherein the matter in difference 
doth exceed the vcdue of three hundred Pounds Sterling that then 



MASSACHUSETTS CHARTER OF 1691 337 

he or they may appeale to us . . . m our . . , Privy Council 
Provided such Ajjj^eale be made ivithin Fourteen dayes after the 
Sentence or Judgement given arid that before such Ax>peal be 
allowed Security be given by the party or p)arties appealing in the 
vcdne of the matter in Difference to p)ay or Answer the Debt or 
Damages for the ivhich Judgement or Sentence is given With such 
Costs and Damages as shall be Awarded by us . . . incase the 
Judgement or Sentence be affirmed [provided that no execution 
shall be stayed by reason of such appeal.] ^ntJ we doe further 
. . , grant to the said Governor and the great and Generall 
Court . . . full power and Authority from time to time to 
make ... all manner of wholesome and reasonable Orders 
Laws Statutes and Ordinances Directions and Instructions 
either with penalties or without (soe as the same be not repug- 
nant or contrary to the Lawes of this our Realme of England) 
as they shall Judge to be for the good and welfare of our said 
Province. . . . And for the Government and Ordering thereof 
and of the People Inhabiting or who shall Inhabit the same 
and for the necessary support and Defence of the Government 
thereof [and also] full power and Authority to name and settle 
Annually all Civill Officers within the said Province (such 
Officers Excepted the Election and Constitution of whome wee 
have by these presents reserved to us ... or to the Governor) 
. . . and to Settforth the severall Duties Powers and Ly mitts 
of every such Officer . . . and the forms of such Oathes not 
repugnant to the Lawes and Statutes of this our Realme of 
England as shall be respectively Administred unto them for 
the Execution of their severall Offices and places. And alsoe to 
impose Fines, mulcts, Imprisonments, and other Punishments ; 
And to Impose and leavy proportionable and reasonable As- 
sessments, Rates, and Taxes, upon the Estates and Persons of 
all and every the Proprietors and Inhabitants of our said Prov- 
ince . . . Pi'obitieti alwaies . . . that in the frameing and 
passing of all such Orders . . . and in all Elections and Acts 
of Government whatsoever to be passed made or done by the 
said Generall Court . . . or in CouncilL^/ie (rovemor . . . shall 



338 AN ENGLISH COLONIAL SYSTEM 

have the Negative voice, and that icithout his consent or Approbation 
signified arid declared in Writeing, no such Orders . . . Elections 
^or other Acts of Government . . . shall be of any Force effect or 
validity . . . ^ntl wee doe . . . Ordaine that the said Orders 
Laws Statutes and Ordmances be by the first opportunity after 
the makeing thereof sent or Transmitted unto us . . . under 
the Publiqiie Seale to be appointed by us for Our . . . appro- 
bation or Disallowance And that iiicase cdl or any of them shall, 
at any time ivithin the space of three yeares next after the same 
shall have been presented to us . . . in Our . . . Privy Councill, 
be disallowed and rejected and soe signified by us . . . unto the 
Governor for the time being then such . . . of them as shall be 
soe disallowed . . . shall thenceforth cease and determine and 
become utterly void and of none effect. [Laws not disallowed 
within the three years, to remain in force until repealed by 
the General Court. Grants of land by the General Court, 
within the limits of the former colonies of Massachusetts Bay 
and New Plymouth, and the Province of Maine, excepting the 
region north and east of the Sagadahoc, to be valid without 
further royal approval. The governor to direct the defense of 
the province, and to exercise martial law in case of necessity'] 
Probtticti alwayes . . . That the said Governour shall not at 
any time hereafter by vertue of any power hereby granted or 
hereafter to be granted to him Transport any of the Inhabitants 
of Our said Province ... or oblige them to march out of the 
Limitts of the same without their Free and voluntary consent 
or the Consent of the Great and Generall Court . . . nor grant 
Commissions for exercising the Law Martiall upon any the Inhab- 
itants of Our said Province . . . without the Advice and Consent 
of the Councill or Assistants of the same . . . [In case of the 
death, removal or absence of the governor, the lieutenant-gov- 
ernor may take his place ; failing both governor and lieutenant- 
governor, the council, or the major part of them, are to act.] 
Probitirti alwaies . . . that nothing herein shall extend or be 
taken to . . . allow the Exercise of any Admirall Court Juris- 
diction Power or Authority but that the same be and is hereby 



ATTEMPTS AT CLOSER CONTROL 339 

reserved to Us . . . and shall from time to time be . . . exercised 
by vertue of Commissions to be issued under the Great Seale 
of England or under the Seale of the High Admirall or the 
Commissioners for executing the Office of High Admirall of 
England. . . . ^nti lastlg for the better provideing and furn- 
ishing of Masts for Our Royall Navy Wee doe hereby reserve 
to Us . . . all Trees of the Diameter of Twenty Four Inches 
and upwards of Twelve Inches from the ground growing upon 
any soyle or Tract of Land within Our said Province . . . not 
heretofore granted to any private persons. 

111. Attempts by England at Closer Control after 1700 

For an outline of these natural and long-continued attempts, see Ainerican 
History and Government, §§ 117, 118. The first attempt, barely avoided 
and only by accident, is given under a, below ; b represents American 
feeling toward such encroachments ; and c illustrates the activity of a 
New England town meeting in this field of general politics. 

a. Recommendation from the Board of Trade to make 
all the Colonies into Royal Provinces. March 26/ Apr. 



North Carolina Colonial Records, I, 535. 

To the King\s most Excellent Majestie. 
May it please, etc. 

Having formerly on severall occasions humbly represented 
to your Majesty the state of the Government under Proprietors 
and Charters in America ; and perceiving the irregularities of 
these Governments dayly to increase, to the prejudice of Trade 
and of your Majesties other Plantations in America, as well as 
of your Majesties revenue arising from the Customes here, we 
find ourselves obliged at present humbly to represent to your 
Majesty ; 

That those Colonies in general have no ways answered the 
chief design for which such large Tracts of Land and such 
Priviledges and Immunities were granted by the Crown. 



340 AN ENGLISH COLONIAL SYSTEM 

That they have not conformed themselves to the severall 
acts of Parliament for regulating Trade and Navigation, to 
which they ought to pay the same obedience, and submit to 
the same Restrictions as the other Plantations, which are 
subject to your Majesties immediate Government ; on the 
contrary in most of these Proprieties and Charter Govern- 
ments, the Governours have not applyed themselves to your 
Majesty for your approbation, nor have taken the Oaths re- 
quired by the acts of Trade, both which Qualifications are 
made necessary by the late Act for preventing frauds and 
regulating abuses in the Plantation Trade. 

That they have assumed to themselves a power to make 
Laws contrary and repugnant to the Laws of England, and 
directly prejudicial to Trade, some of them having refused to 
send hither such Laws as they had enacted, and others having 
sent them but very imperfectly. 

That diverse of them have denyed appeals to your Majesty 
in Councill, by which not only the Inhabitants of those Col- 
onies but others your Majesties subjects are deprived of that 
benefit, enjoj^ed in the Plantations, under your Majesties im- 
mediate Government, and the parties agrieved are left with- 
out remedy from the arbitrary and Illegal proceedings of their 
Courts. 

That these Colonies continue to be the refuge and retreat 
of Pirates and Illegal Traders, and the receptacle of Goods 
imported thither from foreign parts contrary to Law : In 
return of which Commodities those of the growth of these 
Colonies are likewise contrary to Law exported to Foreign 
parts ; All which is likewise much incouraged by their not 
admitting appeals as aforesaide. 

That by raising and lowering their coin from time to time, 
to their particular advantage, and to the prejudice of other 
Colonies, By exempting their Inhabitants from Duties and 
Customes to which the other Colonies are subject, and by 
Harbouring of Servants and fugitives, these Governments 
tend greatly to the undermining the Trade and Welfare of the 



ATTEMPTS AT CLOSER CONTROL 341 

other Plantations, and seduce and draw away the People 
thereof; By which Diminution of Hands the rest of the 
Colonies more beneficial to England do very much suffer. 

That these Independent Colonies do turn the Course of 
Trade to the Promoting and proprogating woolen and other 
Manufactures proper to England, instead of applying their 
thoughts and Endeavours to the production of such commod- 
ities as are fit to be encouraged in these parts according to 
the true design and intention of such settlements. 

That they do not in general take any due care for their own 
defence and security against an Enemy, either in Building 
Forts or providing their Inhabitants with sufiicient Armes 
and Amunition, in case they should be attacked, which is 
every day more and more to be apprehended, considering how 
the French power encreases in those parts. 

That this cheifly arises from the ill use they make of the 
powers entrusted to them by their Charters, and the Independ- 
ency which they pretend to, and that each Government is 
obliged only to defend its self without any consideration had 
of their Neighbours, or of the general preservation of the whole. 

That many of them have not a regular militia and some 
(particularly the Colonies of East and West New Jersey) are 
no otherwise at present than in a state of Anarchy and 
confusion. 

And because the care of these and other great mischiefs in your 
Majesties Plantations and Colonies aforesaid, and the introduc- 
ing such an administration of Government and fit regulation of 
Trade as may put them into a better State of Security and make 
them duly subservient and usefull to England, does every day 
become more and more necessary, and that your Majesties fre- 
quent Commands to them have not 7net icith dice complyance: 
We humbly conceive it may be expedient that the Charters of the 
secerall Proprietor's and others intitling them to absolute Govern- 
ment be reassumed to the Crown and these Colonies put into the 
same State and dependency as those of your Majesties other 
Plantations, without prejudice to any man^s particular property 



342 AN ENGLISH COLONIAL SYSTEM 

and freehold. Which being no othericise so well to be ejfected 
as by the Legislative power of this Kingdome. 

Wee humbly submit the same to your jMajesties Royal 
consideration. 

h. John Wise upon Englishmen and Tyranny 

This extract comes from a pamphlet by John Wise, minister at 
Ipswich, and a leader (and sufferer) against arbitrary taxation by 
Andres twenty years earlier, and is in the nature of a warning that the 
American English will not submit to political aggression. 

Englishmen hate an arbitrary power (politically considered) 
as they hate the devil. . . . And though many of their in- 
cautelous princes have endeavored to null all their charter 
rights and immunities, and agrandize themselves in the servile 
state of the subjects, by setting up their own seperate will, 
for the great standard of government over the nation, yet 
they have all along paid dear for their attempts, both in the 
ruin of the nation, and in interrupting the increase of their 
own grandeur, and their foreign settlements and ccHiquests. 

Had the late reigns, before the accession of the great 
William and Mary, to the throne of England, but taken the 
measures of them, and [of] her present majesty,^ in depressing 
vice, and advancing the union and wealth, and encouraging the 
prowice and bravery of the nation, they might b}^ this time 
have been capable to have given laws to any monarch on 
earth ; but spending their time in the pursuit of an absolute 
monarchy (contrary to the temper of the nation, and the an- 
cient constitution of the government) through all the 
meanders of state craft : It has apparently kept back the 
glory, and dampt all the most noble affairs of the nation. 
And ^vhen under the midwif ry of Machiavikm art, and cunning 
of a daring prince, this Monster, tyranny, and arbitrary 
government, was at last just born, upon the holding up of a 
finger ! or upon the least signal given, ON the whole nation 
goes upon this HYDRA.^ 

1 Queen Anne. - A reference to the expulsion of James II. 



TOWN MEETING ACTIVITY 343 

The very name of an arbitrary government is ready to put 
an Englishman's blood into a fermentation ; but when it really 
comes, and shakes its whip over their ears, and tells them it 
is their master, it makes them stark mad. 

c. Boston's Action Relative to the Proposed Permanent 
Salary for the Governor in 1729 

Boston Tovm Becords (for dates given). 

The full records of the meeting are given, that the student may see 
how great matters of state were mingled with trivial and local business. 
The attempt of England to secure a fixed salary for the Governor of 
Massachusetts would, if successful, have made that officer wholly inde- 
pendent of popular control. Cf. American History and Government, 
§ 118, for the whole story. 

At a Meeting of the Freeholders and Other Inhabitants of 
the Town of Boston Duly Qualified being Eegulerly Assembled 
in a Publick Town meeting at the Town House Tuesday May 
the 6th 1729 — 

After Prayer by the Eevd mr Thomas Prince [and after] 
Elisha Cooke Esq'' Chose [n] ]\Ioderator for this Meeting. 

Sundry Petitions Read Yizt 

About a place for the Grainery 

About m. [Mr.] Peleg AYiswalls Sallary 

About m. Edward Mills Sallary 

m. Samuel Oakes Petition 

m. Jera [Jeremiah] Condys Petition 

The Selectmens Report of Sundry things left to them 

Voted to Chuse 4 Representatives 

The Number of Voters were - - 192 

votes. 

Elisha Cooke Esqr 188 

m. Thomas Cushing - 190 „, _ ^ ^ 

m. Ezekll Lewis - 190 ( Chose[n] Representatives 

m. Samll Welles - 184 



344 AN ENGLISH COLONIAL SYSTEM 

Voted To Chuse a Couiittee to Prepare Instructions for 
the Representatives for their Acting at the General Court at 
their Approching Session, And to Lay them befor the Meeting 
in the Afternoon — 

Voted: That John Alford Esqr mesrs Henry Bering 
and Nathll Cunningham be the Said Committee — 

On the Petition of Sundry Inhabitants about the Situatian 
of the Grainery 

Voted That mr Moderator and the Selectmen be Joyned with 
the Comittee appointed for Building the Grainery, Be desired 
to View the Place, And make Return of their Opinion thereof 
to the Meeting after Dinner this Day — 
mr John Jeffers Excus'd 

mr Thomas Moffat Excus'd. 



Chosen Assessors. 



Edward Maycomb - Sworn 1 

John Spooner - - Sworn i Clerks of the Market. 

Nathanll Cobbit - Sworn J 

Post Meridiem. 
Voted That the Grainery be Erected and Set up Rainging 
with the Line of the Burying place on the Coihon fronting 
Eastward, The Said Building to be not Less then [than] forty 
feet distant from the [South] Corner of the Brick wall of the 
Burying place — 

mr James Pemberton-Pay^l , 

-r ^^r ^ c. f Assessors. 

mr James Watson - Sworn] 

In as much as the Gramer School at the North End of the 
Town of which mr Peleg Wiswall is the Master is much In- 
creaced in the Number of the Schollers, and that no Usher is 
alowed to assist him in his School : 

Voted That there be an Additian of Forty Pounds to the 
Said mr Wiswalls Salary — 

Samll Oakes Petition Read and Dismist — 



1 Paid a fine for refusing to serve. 



TOWN MEETING ACTIVITY 345 

In Answer to Mr. Edward Mills His Petitian. Voted That 
there be an Addition of Twenty Pounds to the Said Mr. Edward 
Mills Sallary — 

Upon A Motion made by Elisha Cook Esquire That the 
Dividing Line between the Towns Land in the Occupation of 
Mr. Nathaniel Williams and His Land on the East Side in 
School Street is for want of due Care become Crucked, intrench- 
ing both upon the One and the Others Land, That therefore 
they would Direct and Imp[o]wer the Selectmen to Kectifie 
that line as to them Seems Just and Equitable — And Further 
That they would be pleased to Accomodate him with about 
two feet of the Front of his Land next Mr. Williams on Such 
Terms as the Selectmen Shall Agree for with the Said 
Mr. Cooke — 

Eead and Voted That it be left with the Selectmen to Act 
therein as they Judge Meet — 

On the Petition of Mr. Jeramiah Condy for Addition to his 
Salary. 

Voted that the Consideration of Said Petition be Referred 
for further Consideration to the Next Town Meeting, and 
That in the mean time Nathaniel Green John Alford Esquires 
and Mr. Thomas Gushing Junior are desired to Inspect the 
Several Wrighting Schools within this Town at Such Time as 
they Shall think Avisable for the year Currant, And that they 
do in an Espesial Manner Vizit Mr. Condys School and Report 
to the Town at their Meeting the Ability and Industry of the 
Said Mr. Condy and the Proficiency of the Schollers under 
His Tuition — 

The Comittee this day chosen and Appointed to Prepare 
Instructions for the Representatives, for their Acting at the 
General Court at their Approching Session And to Lay [them] 
before the Meeting in the afternoon — Return as Follows: Viz. 

To Elisha Cooke Esquire, Messrs. Thomas Cushing, Ezekiel 
Lewis and Samuel Welles : — 



346 AN ENGLISH COLONIAL SYSTEM 

Gentlemen — 

Your known Loyalty to His Present Majesty King George, 
and Sincear Atachment to the Succession in the Illustrious 
House of Hannover, Your Hearty Love to this Your native 
Country, Y^our Singuler Value for the Liberty and Propperty 
of this People, your Cheerfull and TTna[ni]mous Concurrance 
to promote our Best Intrist, And your Approved Integrity 
in those Publick Stations wherein yo.u have bin Employed, 
Have fixed the Eyes of this Town on and Determined their 
Choice of you as Propper Persons to Represent them in 
the Next General Assembly Wherin they Expect That you 
behave your Selves with your Wonted Zeal and Courage in 
Prossecuting those good Designes which may tend to the 
Peace and wellfair of these His Majestys Good Subjects, and 
Secure those Rights and Priviledges which by the Royal 
Charter we have a Just claim to, and as Englishmen do of 
Right appertain to us, And agreable there unto we Recomend 
unto you in an Especial Manner — 

That you Endeavor to Maintain all our Civil Rights and 
Property s against any Incrochments upon them. 

That you Continue to Pay a due Regard to His Excellency 
Oar Governor, and that you Endeavor that He may have an 
Honourable Support, But we desire at the Same time That 
you use your utmost Endeavor That the Honourable House 
of Representatives may not be by any means Prevailed upon 
or brought into the Fixing a Certain Sallary for any Certain 
time, But that they may Improve their usual freedom in 
granting their Money from time to time, as they Shall Judg 
the Province to be able, and in Such a manner as they Shall 
think most for the Benefit and advantage thereof, And if 
your Pay Should be diverted you may Depend on all the 
Justice Imaginable from this Town whom you Represent : — 

JoHx Alford 1 

Henry Dering \ Comittee 

Nathll Cuningham 



COLONIAL RESISTANCE 347 

The Foregoing Return of the Committee was Presended[ted] 
Read Sundry times and Voted Approved. 

The Report of the Selectmen upon Several Votes of the Town 
at their Meeting the 10th of March. 1728 : were Read and Con- 
sidered Viz., 

The Selectmen have Viewed the Marsh at the Bottom of the 
Common, and not finding any Material use that can be made of 
it at the present, and Considering the Present Circumstances of 
the Town Are of Opinion it is best to ly in the Condition it now 
is. 

Read and the Report Accepted — . . . 

As to the Proposals About Bennet Street — It is thought 
Convenient to be Paved if the Town thinke it Convenient to 
Raise Money for the Doing it at this Meeting. 

Read and Refer'd for further consideration to the Next March 
Meeting. ... 

d- Connecticut refuses to obey a Royal Officer apjjointed 
to command her Militia against French and Indians 
in 1693 

New York Colonial Documents^ IV, 71. 

King William III appointed Fletcher governor of the royal province of 
New York, and commissioned him to command the militia also of Con- 
necticut, the neighboring charter colony, in the war usually known as 
King William's War. The device was eminently wise, as a military meas- 
ure ; but it was stubbornly resisted by Connecticut. The historians of 
that colony delight to tell a legend that when the governor arrived and 
tried to have his commission read by his secretary to the militia (drawn 
up in arms to repel rather than to receive him). Captain Wadsworth 
drowned the reading by commanding drums to beat ; three times this 
was repeated; and the last time Wadsworth added, "If you try again, 
I'll make daylight shine through you." The following document gives 
what is probably a more accurate statement, — but one which shows 
equally well that Connecticut had her way. For the general conflict of 
which this was one incident between crown and colonies, cf. American 
History and Government^ §§ 117, 118. 



348 AN ENGLISH COLONIAL SYSTEM 

Governor Fletcher of Neio York to Mr. Southicell 

Connecticute in New England 
Octoer 30th '93. 
Sir: 

I have been in this Collony 20 dayes laboreing to perswade 
astubborne people to theire dewty. I Publis'd their Majesties 
[William and Mary] Commission in theire General Court att 
Hartford. Assured them I had noe pretentions to their civell 
adrainestration. But the mallitia being lodged in the Crowne 
.O.I came with commission under the greate scale to take 
that . . . charge. They refused all obedienc. Have sepperated 
not only from the Church, But Crowne of England ; and allowe 
of noe appeale from theire Courts, nor the Lawes of England 
to have any force amongst them. Some of the iviseest have 
saide " Wee are not permitted to vote for any members of Paiiiamt, 
and therefore [are] not lyahle to theire lawes.^' [Expresses mili- 
tary dangers due to refusal.] 

I never sawe the like people. . . . I could not force obedience 
haveing noe Company but a few servants and two friends; nor 
did I think it the King's service to carry on the contest to 
Blonde, tho they threaten to draw mine for urging my Masters 
right ... I have just now a letter from a sure f reinde acquaint- 
ing mee the mobb have a designe upon my life. I must not 
goe out of the way, tho' very thinly attended. . . . 

[The following November 10, Fletcher wrote from New York to the 
Committee on the Colonies urging that the Connecticut Charter be pro- 
ceeded against under a writ of quo warranto, with a view of uniting that 
colony with New York. The same letter describes in detail the serious 
perils from French and Indians. One paragraph should be quoted: "Our 
hardships grow upon us. Canada . . . hath received seven hundred men 
and stores of Warr from France this last Summer. Our Indians falter 
. . . These small Colonies . . . m'e [as] much divided in theire interest 
and affection as Christian and Turk. . . ."] 



COMMISSION OF A ROYAL GOVERNOR 349 

112. Commission of a Royal Governor 

New Hampshire Provincial Papers^ VI, 908 (edited by N. Benton). 

This commission, in compact form, describes the government of a royal 
colony just before the Revolution. The omissions (indicated by . . ,) 
are mainly tautological phrases. 

George the Third, by the grace of God of Great Britain, 
France, and Ireland, King . . . 

To our Trusty and well beloved Benning Wentworth Esquire, 
Greeting : Know you, that Wee, reposing especial Trust and 
Confidence in the Prudence, Courage, and Loyalty of you 
Benning Wentworth, of our Especial grace, certain Knowledge, 
and nieer motion. Have thought fit to constitute and appoint 
you ... to be our Governour and Commander-in-Chief of our 
Province of New Hampshire . . . with all . . . the authority s 
hereby granted you . . . during our will and Pleasure : 

And We do hereby require . . . you to . . . execute all things 
. . . that shall belong unto your said Command . . . according 
to the several Powers . . . granted . . . you by tliis Present 
Commission ... or by such further powers. Instructions, and 
Authorities as shall at any time be granted or appointed you 
under our . . . sign manual . . . and according to such reason- 
able Laws and Statutes as now are in force or hereafter shall 
be made and agreed upon by you with the advice and consent 
of our Council and the Assembly of our said Province. . . . 

And wee do hereby give . . . you full Power ... to suspend 
any of the members of our said Council from sitting. Voting, 
and assisting therein, if you shall find just cause for so doing: 
and if it shall at any time happen that by the Death or Depar- 
ture out of our said Province, suspension of any of our said 
Councillors, or otherwise, there shall be a Vacancy in our said 
Council (any three whereof we do hereby appoint to be a Quo- 
rum), our Will and Pleasure is that you signify the same to us 
by the first opportunity, that we may . . . appoint others in 
their stead ; but that our affairs at that Distance may not suffer 



350 AN ENGLISH COLONIAL SYSTEM 

for want of a due number of Councillors, if ever it shall happen 
that there shall be less than seven of them residing in our said 
Province, Wee do hereby give . . . unto you . . . full Power 
... to choose as many Persons out of the Principal Freeholders, 
Inhabitants thereof, as will make up the full Number of our 
said Council to be seven, and no more . . . 

And wee do hereby give . . . you full Power . . . with the 
advice and consent of our said Council from time to time, as 
need shall require, to summon and call General Assemblys of 
the said Freeholders and Planters within your Government, in 
manner and form according to the usage of our 1^-ovince of 
New Hamp)shire : 

Wee do hereby Declare that the Persons so elected and 
qualified shall be called and Deemed the General Assembly of 
our said Province . . . and that you . . . with the consent of 
our said Council and Assembly, or the major part of them 
respectively, shall have full Power ... to make, Constitute, 
and ordain Laws, Statutes, and Ordinances, for the Publick 
Peace, Welfare, and good Government of our said Province 
. . . and for the Benefit of us our Heirs and Successors, — 
which said Laws . . . are not to be repugnant, but, as near as 
may be, agreeable to the laws ... of this our Kingdom of 
Great Britain. 

Provided that all such Statutes and Ordinances, of whatever 
nature and Duration soever, be, within three months . . . 
after the making thereof, transmitted unto us . . . for our 
approbation or Disallowance [as also Duplicates of the same 
by the next conveyance] ; and in case any or all of the said 
Laws . . . , not before confirmed by us, shall at any time be 
disallowed . . . and so signified, by us our Heirs or Successors 
. , . unto you . . . or to the Commander-in-Chief of our said 
Province for the time being, then such and so many of the said 
Laws . . . shall from thence cease, Determine, and become 
utterly void . . . 

And to the end that nothing may be passed or done by our 
said Council or Assembly to the Prejudice of us, our Heirs 



COMMISSION OF A ROYAL GOVERNOR 351 

and Successors, We will and ordain that you . . . shall have 
... a negative Voice in the making and Passing of all Laws 
and Statutes and ordinances . . . and you shall and may . . . 
from time to time, as you shall judge it necessary, adjourn, Pro- 
rogue, and Dissolve all General Assemblies as aforesaid 

And We do hereby authorize . . . you to constitute . . . 
Judges, and, in cases requisite, Commissioners of Oyer and 
Terminer, Justices of the Peace, and other necessary officers 
. . . in our said Province for the better administration of 
Justice and putting the Laws in execution . . . 

And we do hereby give . . . you full Power . . . where 
you shall see cause, or shall Judge any offenders ... fit 
objects for our mercy, to Pardon all such . . . offenders, and 
to remit all . . . fines and forfeitures, Treason and Willfull 
murder only excepted ... in which cases you shall likewise 
have Power, upon extraordinary occasions, to grant reprieves 
. . . until . . . our royal Pleasure may be known . . . 

And We do hereby give . . . unto you . . . , by yourself or 
by your Captains ... by you to be authorized, full Power 
... to Levy, arm, muster, command, and Employ all persons 
whatsoever residing within our said Province . . . for the re- 
sisting and withstanding of all enemies, Pyrates, and rebels 
. . . and to transport such forces to any of our Plantations in 
America, if necessity shall require, for the Defence of the 
same . . . and to Execute martial Law in time of Invasion, or 
other times when by Law it may be executed, and to do and 
execute every other thing . . . which to our Commander-in- 
Chief doth or ought of right to belong . . . 

And We do hereby command all officers , . . civil and mili- 
tary, and all other Inhabitants ... to be obedient aiding and 
assisting unto you, the said Penning Wentworth, in the 
Execution of this our Commission . . . and in case of your 
Death, or absence out of our Province, unto such person as 
shall be appointed by us to be our Lieutenant Governor . . . 
to whom we do therefore by these Presents give and grant all 
and singular the Powers and authorities aforesaid [and, if no 



352 AN ENGLISH COLONIAL SYSTEM 

Lieutenant Grovernor has been named, then] the Eldest 
Councillor, whose Name is first placed in our Instructions to 
you . . . shall take upon him the administration of the 
government and Execute our said Commission . . . and the 
several Powers therein contained. 



113. Free Speech Vindicated 

{Trial of John Peter Zenger, 1735.) 

Zenger, in 1738, published a " Brief Narrative of the Case and Tryall," 
somewhat in the form of a modern •' Report," though he speaks in the 
first person. In 1735 the governor of New York removed the chief 
justice of the colony for personal reasons. Zenger, in his Weekly Journal, 
vigorously criticized this and other despotic actions of the governor. He 
was prosecuted for criminal libel ; and the new chief justice showed a 
determination to secure a conviction, trying to limit the jury to deciding 
only whether Zenger was responsible for the publication, and reserving 
to himself the decision whether the words were punishable. This was 
the custom in English courts of the day in government prosecutions. 

Italics and black-faced type are as in the original. 

[The Attorney General's complaint, as Zenger reports, char- 
acterized him as " a seditious person and a frequent Printer and 
Publisher of false news and seditious Libels, and charged specifi- 
cally that he] " did falsely, seditiously, and scandalously print 
and publish ... a certain false, malicious, seditious, scandalous 
Libel . . . concerning His Excellency the Governour ... [in 
which publication he represented a former inhabitant explaining 
that he had left the colony, as he doubts not others will, because, 
among other reasons] They . . . think . . . that their LIBER- 
TIES and PROPERTIES are precarious, and that SLAVERY 
is likely to be intailed on them and their Posterity if some past 
Things be not amended . . . (meaning, the past Proceedings of 
his Excellency the Governor ...)... [and] WE . . . SEE 
MENS DEEDS DESTROYED, JUDGES ARBITRARILY 
DISPLACED, NEW COURTS ERECTED WITHOUT 
CONSENT OF THE LEGISLATURE. . . - 



FREE SPEECH VINDICATED 353 

^'Who then [ca/i] call any Thing his own, or enjoy any Liberty 
. . . longer than those in the Administration . . . will condescend 
to let them ? " 

[This publication, the Attorney General charges, was] to the 
great disturbance of the Peace of the . . . Province ... to the 
Great Scandal of Our said Lord the King, of His Excellency 
the Governor [etc] ; whereupon the said Attorney General of 
Our said Lord the King, for Our said Lord the King, prays 
. . . the due Process of the Law against him the said John 
Peter Zenger ... in the Premises. 

[The Report continues : ] 

To this Information the Defendant has pleaded Not Guilty, 
and we are ready to prove it. . . . 

Then Mr. Hamilton,^ who at the Request of some of my 
Friends, was so kind as to come from Philadelphia to assist me 
on the Tryal, spoke. 

Mr. Hamilton, " May it please your Honour ; I am concerned 
in this Cause on the Part of Mr. Zenger the Defendant. The 
Information against my Client was sent me, a few days before 
I left Home, with some Instructions to let me know how far I 
might rely upon the Truth of those Parts of the Papers set 
forth in the Information, and which are said to be libellous 
... I cannot think it proper for me (without doing Violence 
to my own Principles) to deny the Publication of a Complaint, 
which I think is the Right of every free-born Subject to make, 
when the Matters so published can be supported with Truth ; 
and therefore I'll save Mr. Attorney the Trouble of ExaDiining 
his Witnesses to that Point ; and I do (for my Client) confess, 
that he both printed and published the two News Papers set 
forth in the Information, and I hope in so doing he has com- 
mitted no Crime. ..." 

Mr. Attorney, ..." The Case before the Court is, whether 
Mr. Zenger is guilty of Libelling his Excellency the Governor 
of New- York, and indeed the whole administration of the Gov- 

1 James Hamilton, an aged Pennsylvania lawyer. 



354 AN ENGLISH COLONIAL SYSTEM 

ernment ? Mr. Hamilion has confessed the Printing and Pub- 
lishing, and I think nothing is plainer, than that the Words in 
the Information are scandalous, and tend to Sedition, and to disquiet 
the Minds of the People of this Province. And if such Papers are 
not Libels, I think it may be said, there can be no such Thing 
as a Libel." 

Mr. Hamilton, " May it please your Honour ; I cannot agree 
with Mr. Attorney : For tho' I freely acknowledge, that there 
are such Things as Libels, yet I must insist at the same Time, 
that what my Client is charged with, is not a Libel ; and I 
observed just now, that Mr. Attorney in defining a Libel, made 
use of the Words scandalous, seditious, and tend to disquiet the Peo- 
ple ; but (whether with Design or not I will not say) he omitted 
the Word /a/se." 

Mr. Attorney, I think I did not omit the Word false: But it 
has been said already, that it may be a Libel, notwithstanding 
it may be true. 

Mr. Hamilton, In this I must still differ with Mr. Attorney; 
for I depend upon it, we are to be tried upon this Information 
now before the Court and Jury, and to which we have pleaded 
Not Guilty, and by it we are charged with printing and publish- 
ing, a certain false, malicious, seditious and scandalous Libel. This 
Word false must have some Meaning, or else how came it 
there? . . . 

Mr. Ch. Justice, You cannot be admitted, Mr. Hamilton, to give 
the Truth of a Libel in Evidence. A Libel is not to be justi- 
fied; for it is nevertheless a Libel that [i.e. tho'] it is true. 

Mr. Hamilton, I am sorry the court has so soon resolved upon 
that Piece of Law ; I expected first to have been heard to that 
Point. I have not in all my Reading met with an Authority 
that says, we cannot be admitted to give the Truth in 
Evidence, upon an Information for a Libel. 

Mr. Ch. Justice, The Law is clear. That you cannot justify a 
Libel. . . . 

Mr. Hamilt07i, I thank your Honour. Then, Gentlemen of the 
Jury, it is to you we must now appeal, for Witnesses, to the 



FREE SPEECH VINDICATED 3^5 

Truth of the Facts we have offered, and are denied the Liberty 
to prove ; and let it not seem strange, that I apply my self to 
you in this Manner, I am warranted so to do both by Law and 
Reason. The Last supposes you to be snmmones, out of the 
Neiyhhourhood where the Fact is alledged to be committed; and 
the Reason of your being taken out of the ]S"eighbourhood is, 
because you are supposed to have the best Knowledge of the Fact 
that is to be tried. And were you to find a Verdict against my 
Client, you must take upon you to say, the Papers referred to 
in the Information, and which we acknowledge we printed and 
published, Sive false, scandalous and seditious; but of this I can 
have no Apprehension. You are Citizens of JSfeiu-York; you 
are really what the Law supposes you to be, honest and lawful 
Men; and, according to my Brief, the Facts which we offer to 
prove were not committed in a Corner ; they are notoriously 
known to be true ; and therefore in your Justice lies our Safety. 
And as we are denied the Liberty of giving Evidence, to prove 
the Truth of what we have published, I will beg Leave to lay 
it down as a standing Rule in such Cases, That the suppressing 
of Evidence ought always to be taken for the strongest Evidence; 
and I hope it will have that Weight with you. . . . 

... It is true in Times past it was a Crime to speak Truth, 
and in that terrible Court of Star-Chamber, many worthy and 
brave Men suffred for so doing ; and yet even in that Court, 
and in those bad Times, a great and good Man durst say, what 
I hope will not be taken amiss of me to say in this Place, to 
icit, the Practice of Informations for Libels is a Sword in the 
Hands of a ivicked king and [of] an arrand Coward to cut down 
and destroy the innocent ; the one cannot, because of his high 
station, and the other dares not, because of his Want of Courage, 
revenge himself in another Manner. 

Mr. Attorney, Pray Mr. Hamilton, have a Care what you 
sa^ don't go too far neither, I don't like those Liberties. 

Mr. Hamilton, Sure, Mr. Attorney, you won't make any 
Applications ; all Men agree that we are governed by the best 
of Kings, and I cannot see the Meaning of Mr. Attorney's 



356 AN ENGLISH COLONIAL SYSTEM 

Caution. . . . May it please Your Honour, I was saying, That 
notwithstanding all the Duty and Reverence claimed by Mr. 
Attorney to Men in Authority, they are not exempt from 
observing the Rules of common Justice, either in their private 
or publick Capacities ; the Laws of our Mother Country know 
no Exception. . . . 

I hope to be pardon'd, Sir, for my Zeal upon this Occasion : 
It is an old and wise Caution, That tvhen our Neighbour's House 
is on Fire, We ought to take Care of our otvn. For tho', blessed 
be God, I live in a Government where Liberty is well under- 
stood, and freely enjoy'd; yet Experience has shewn us all 
(I'm sure it has to me) that a bad Precedent in one Govern- 
ment, is soon set up for an Authority in another ; and therefore 
I cannot but think it mine, and every Honest Man's Duty, 
that (while we pay all due Obedience to Men in Authority) 
we ought at the same Time to be upon our Guard against 
Power [i.e., arbitrary power], wherever we apprehend that it 
may effect Ourselves or our Fellow-Subjects. 

I am truly very unequal to such an Undertaking on many 
Accounts. And you see I labour under the Weight of many 
Years, and am born down with great Infirmities of Body ; yet 
Old and Weak as I am, I should think it my Duty, if required, 
to go to the utmost Part of the land, where my Service cou'd 
be of any Use in assisting to quench the flame of Prosecutions 
upon Informations, set on Foot by the Government, to deprive 
a People of the Right of Remonstrating (and complaining 
too) of the arbitrary Attempts of Men in Power. Men who 
injure and oppress the People under their Administration 
provoke them to cry out and complain ; and then make that 
ver}^ Complaint the foundation for new Oppressions and Pros- 
ecutions. . . . But to conclude ; the Question before the Court 
and you. Gentlemen of the Jury, is not of small nor private 
Concern, it is not the Cause of a poor Printer, nor of Neiv- 
York alone, which you are now trying ; No ! It may in its 
Consequence, affect every Freeman that lives under a British 
Government on the Main of America. It is the best Cause. 



FREE SPEECH VINDICATED 357 

It is the Cause of Liberty ; and I make no Doubt but your 
upright Conduct, this Day, will not only entitle you to the 
Love and Esteem of your Fellow-Citizens ; but every Man, 
who prefers Freedom to a Life of Slavery, will bless and 
honour You, as Men who have baffted the Attempt of Tyranny ; 
and by an impartial and uncorrupt Verdict, have laid a noble 
Foundation for securing to ourselves, our Posterity, and our 
Neighbours, That to which Nature and the Laws of our 
Country have given us a Eight, — the Liberty — both of ex- 
posing and opposing arbitrary Power (in these Parts of the 
World, at least) by speaking and writing Truth. . . . 

Mr. Ch. Just. Gentlemen of the Jury. The great pains 
Mr. Hamilton has taken, to shew how little Regard Juries are 
to Pay to the Opinion of the Judges ; and his insisting so 
much upon the Conduct of some Judges in Tryals of this 
kind ; is done, no doubt, with a Design that you should take 
but very little Notice of what I may say upon this Occasion. 
I shall therefore only observe to you that, as the Facts or 
Words in the Information are confessed : The only Thing that 
can come in Question before you is. Whether the Words, as 
set forth in the Information, make a Libel. And that is a 
Matter of Law, no doubt, and which you may leave to the 
Court. But I shall trouble you no further with any Thing 
more of my own, but read to you the Words of a learned and 
upright Judge in a Case of the like Nature. 

To say that corrupt Officers are appointed to administer 
Affairs, is certainly a Rejtection on the Government. If People 
should not he called to account for possessing the People with an 
ill Opinion of the Government, no Government can subsist. For 
it is necessary for all Governments that the People should have a 
good Opinion of it. . . . 

[Zenger adds] 

The Jury withdrew, and in a small Time returned, and being 
asked by the Clerk, -Whether they were agreed of their 
Verdict, and whether John Peter Zenger was guilty of Printing 
and Publishing the Libels in the Information mentioned ? 



358 AN ENGLISH COLONIAL SYSTEM 

They answered by Tliomas Hunt, their Foreman, Not Guilty. 
Upon which there were three Huzzas in the Hall which was 
crowded with People, and the next Day I was discharged from 
my Imprisonment. 

114. Franklin's "Albany Plan," July lo, 1754^ 

On the eve of the French and Indian War, in June 19, 1754, there met 
at Albany, on the call of the Lords of Trade, a colonial congress to agree 
upon measures of defense. Seven colonies were represented, — New 
Hampshire, Massachusetts, Rhode Island, Connecticut, New York, Penn- 
sylvania, and Maryland, — none south of the Potomac. Massachusetts 
had authorized her commissioners to "enter into articles of union and 
confederation" with the other colonies "as well in time of peace as 
of war." On the sixth day of the session, the Congress voted unani- 
mously that a union of all the colonies was "absolutely necessary 
for their security." A committee, representing each of the colonies 
present, was created to consider various plans, and, after almost daily 
discussions, a general plan was accepted on July 9. Franklin was 
appointed to draft the detailed plan, — and, the next day, a form sub- 
mitted by him was adopted. Franklin afterward said of the result: "the 
Fate of this Plan was singular . . . The Crown disapproved it, as having 
too much Weight in the Democratic Part of the Constitution ; and every 
Assembly, as having allowed too much to Prerogative. So it was totally 
rejected." 

The text of a number of other plans for colonial federation, between 
1696 and 1754, are collected in No. 14 of the American History Leaflets. 

a. Motives 

The following extract is part of the " introduction" to the Plan afterward 
drawn up by Franklin and printed in his Works (Smyth edition. III, 203- 
204). 

The commissioners from a number of the northern colonies, 
being met at Albany, and considering the difficulties that have 
always attended the most necessary general measures for the 
common defence, or for the annoyance of the enemy, when 
they were to be carried through the several particular Assem- 
blies of all the colonies ; some Assemblies being before at 

1 The " New Style " chronology was adopted by England in 1752. 



FRANKLIN'S "ALBANY PLAN," 1754 359 

variance with their governors or councils, and the several 
branches of the government not on terms of doing business 
with each other: others taking the opportunity, when their 
concurrence is wanted, to push for favorite laws, powers, or 
points, that they think could not at other times be obtained, 
and so creating disputes and quarrels ; one Assembly waiting 
to see what another will do, being afraid of doing more than 
its share, or desirous of doing less, or refusing to do anything 
because its country is not at present so much exposed as 
others, or because another will reap more immediate advan- 
tage; from one or other of which causes, the Assemblies of 
six out of seven colonies applied to, had granted no assistance 
to Virginia when lately invaded by the French, though pur- 
posely convened, and the importance of the occasion earnestly 
urged upon them ; — considering moreover, that one principal 
encouragement to the French, in invading and insulting the 
British American dominions, was their knowledge of our dis- 
united state, and of our weakness arising from such want of 
union ; and that from hence different colonies were, at dif- 
ferent times, extremely harassed, and put to great expense 
both of blood and treasure, who would have remained in 
peace, if the enemy had had cause to fear the drawing on 
themselves the resentment and power of the whole; — the 
said commissioners, considering also the present encroach- 
ments of the French, and the mischievous consequences that 
may be expected from them, if not opposed with our [united] 
force, came to an unanimous resolution ; That a union of the 
colonies is absolutely necessary for their preservation. 

h. The Plan 

Broadhead's Documents relative to the Colonial History of New York, 
VI, 589-591. 

Plan of a proposed Union of the several Colonies of Massa- 
chusetts Bay, Neiv Hampshire, Connecticut, Rhode Island., New 
York, New Jerseys, Peniisylvania, Maryland, Virginia, North 



360 AN ENGLISH COLONIAL SYSTEM 

Carolina, and South Carolina,'^ for their mutual defence and 
security, and for extending the British Settlements in North 
America. 

That humble application be made for an Act of the Parlia- 
ment of Great Brittain, by virtue of which, one General 
Government may be formed in America, including all the 
said Colonies, within and under which Government each 
Colony may retain its present Constitution, except in the 
particulars wherein a \_change'\ may be directed by the said 
Act, as hereafter follows. 

That the said General Government be administered by a 
president General, to be appointed and supported by the 
Crown, and a grand Council to he chosen by the representcitives 
of the people of the severall Colonies, [^nef] in their respective 
Assemblies.^ 

[Provision for election of first grand council, of forty-eight 
members, — Massachusetts and Virginia to have seven each, 
Pennsylvania six, Connecticut Jive, New York, Maryland, 

1 Georgia was not included. Franklin seems originally to have contem- 
plated a union of the northern colonies only. 

2 In Franklin's comments upon the sections of this plan {Works, Smyth edi- 
tion , III, 208 ff .) , lie adds to this section : "... it heing proposed hy the gentle- 
men of the Council of New York ... to alter the plan in this particular, 
and to give the governors and council of the several provinces a share in the 
choice of the grand council [or at least a veto upon the selections], it was 
said, . . . 

"That it is essential to English liberty, that the subject should not be 
taxed but by his own consent, or the consent of his elected representatives. 

"That taxes to be laid and levied by this proposed constitution will be 
proposed and agreed to by the representatives of the people, if the plan in 
this particular be preserved. 

" But if the proposed alteration should take place, it seemed as if matters 
may be so managed as that the crown shall finally have the appointment, not 
only of the president-general, but of a majority of the grand Council. . . . 

"And so the people in all the colonies would in effect be taxed by their 
governors. 

[Some three pages more of like argument.] 

" Upon the whole the commissioners were of opinion that the choice was 
most properly placed in the representatives of the people." 



FRANKLIN'S "ALBANY PLAN," 1754 361 

Korth Carolina, and South Carolina each four, New Jersey 
three, New Hampshire and Rhode Island each two.'] 

Who shall meet for the present time at the City of Phila- 
delphia in Pennsylvania, being called by the President 
General as soon as conveniently may be after his appoint- 
ment. 

That there shall be a New Election of the Members of the 
Grand Council every three years, and on the death or resigna- 
tion of any Member, his place should be supplyed by a new 
choice at the next sitting of the Assembly of the Colony he 
represented. 

That after the first three years, when the proportion of 
money arising out of each Colony to the General Treasury 
can be known, the number of Members to be chosen, for each 
Colony shall from time to time in all ensuing Elections be 
regulated by that proportion (yet so as that the Number to 
be chosen by any one province be not more than seven nor 
less than two). 

That the Grand Council shall meet once in every year, and 
oftener if occasion require, at such time and place as they 
shall adjourn to at the last preceding meeting, or as they shall 
be called to meet at by the President General, on any emer- 
gency, he having first obtained in writing the consent of seven 
of the Members to such call, and sent due and timely notice 
to the whole. 

That the Grand Council have power to chuse their speaker, 
and shall neither be dissolved prorogued, nor continue sitting longer 
than six weeks at one time without their own consent,^ or the special 
command of the Crown. 

That the Members of the Grand Council shal be allowed for 
their service ten shillings sterling per diem, during their Ses- 

1 Franklin's comment was (see note above): "Governors have sometimes 
wantonly exercised tlie power of . . . continuing the sessions of Assemblies, 
merely to harass the members and compel a compliance ; and sometimes dis- 
solve them on slight disgusts." This provision may have been suggested to 
Franklin by the fact that in his own colony the legislative sittings were 
independent of the governor's will (No. 103, &, above). 



362 AN ENGLISH COLONIAL SYSTEM 

sions or [and'] Journey to and from the place of Meeting; 
twenty miles to be reckoned a days Journey. 

That the Assent of the President General be requisite to all Acts of 
the Grand Council, and that it be his Office and duty to cause 
them to be carried into execution. 

That the President General with the advice of the Grand 
Council, hold or direct all Indian Treaties in which the general 
interest of the Colonys may be concerned ; and make peace or 
declare War with Indian Nations. That they make such Laws 
as they judge necessary for the regulating all Indian Trade. 
That they make all purchases from Indians for the Crown, of 
lands not [now] within the bounds of particular Colonies, or 
that shall not be within their bounds when some of them are 
reduced to more convenient dimensions. That they make new 
settlements on such purchases by granting Lands, [in the 
King's name] reserving a Quit rent to the Crown, for the use 
of the General Treasury. 

That they make Laws for regulating and governing such new 
settlements, till the Crown shall think fit to form them into 
particular Governments. 

That they raise and pay Soldiers, and build Forts for the 
defence of any of the Colonies, and equip vessels of Force to 
guard the Coasts and protect the Trade on the Ocean, Lakes, or 
great Rivers ; but they shall not impress men in any Colonies 
without the consent of its Legislature. That for these purposes 
they have power to make Laws and lay and Levy such general 
duties, imposts or taxes, as to them shall appear most equal 
and just, considering the ability and other circumstances of 
the Inhabitants in the several Colonies, and such as may be 
collected with the least inconvenience to the people, rather 
discouraging luxury, than loading Industry with unnecessary 
burthens. — That they might appoint a General Treasurer and 
a particular Treasurer in each Government when necessary, 
and from time to time may order the sums in the Treasuries 
of each Government, into the General Treasury, or draw on 
them for special payments as they find most convenient ; yet 



FRANKLIN'S "ALBANY PLAN," 1754 363 

no money to issue but by joint orders of the President General 
and Grand Council, except where sums have been appropriated 
to particular purposes, and the President General is previously 
impowered by an Act to draw for such sums. 

That the General accounts shall be yearly settled and re- 
ported to the several Assemblies. 

That a Quorum of the Grand Council impowered to act with 
the President General, do consist of twenty five Members, 
among whom there shall be one or more from a majority of 
the Colonies. That the laws made by them for the purposes 
aforesaid, shall not be repugnant, but as near as may be agree- 
able to the Laws of England, and shall be transmitted to the 
King in Council for approbation, as soon as may be after their 
passing, and if not disajjproved within three years after pres- 
entation to remain in Force. 

That in case of the death of the President General, the 
Speaker of the Grand Council for the time being shall suc- 
ceed, and be vested with the same powers and authority, to 
continue until the King's pleasure be known. 

[Commissions, military and civil, for officers acting under this 
constitution, to be issued jointly by President-General and 
Grand Council.] — That the particular Military as well as Civil 
establishments in each Colony remain in their present State 
this General constitution notwithstanding. And that on sudden 
emergencies any Colony may defend itself, and lay the accounts 
of expence, thence arisen, before the President General and 
Grand Council, who may allow and order payment of the same 
if judged reasonable. 

[In 1789 Franklin wrote, with good reason, that the adoption of the 
Albany Plan would have probably delayed the separation of the colonies 
from England, "perhaps during another century." There would have 
been a central legislature to vote supplies and prepare defense against 
Indians and French, and the British reasons for the Stamp Act would 
not have existed . ] 



XX. HARSH PHASES OF COLONIAL SOCIETY ^ 

115. Legal Punishment in Virginia, 1662-1748 

Hening's Statutes, II, 75. The following statute was enacted in March, 
1662. It was reenacted, in similar words, in 1705 and in 1748 (ib. 
367-368 and 507-508), and was in force at the opening of the Revolution. 

Whereas many offences are punishable by the laws of 
England and of this country with corporall punishments, for 
executeing whereof noe such provision hath been made as the 
said laws doe require ; Be it therefore enacted, that, in every 
county, the court cause to be sett up a pillory, a pair of stocks, 
and a whipping post, neere the courthouse, and a ducking- 
stoole in such a place as they shall think convenient . . . 
And the courts not causeing the said pillory and whipping post, 
stocks and ducking stoole to be erected within six months, 
after the date of this act shall be fined five thousand pounds 
of tobacco to the use of the publique. 

116. White Servants in 1774 

William Eddes, Letters from America. 

These Letters, written in 1774, were printed in London in 1792. 
Eddes was a customs official at Annapolis. 

Persoxs in a state of servitude are under four distinct de- 
nominations: negroes, who are the entire property of their 
respective owners : convicts, who are transported from the 
mother country for a limited term : indented servants, who are 
engaged for five years previous to their leaving England ; 
and free-willers, who are supposed, from their situation, 
to possess superior advantages. . . . 

Persons convicted of felony, and in consequence transported 
to this continent, if they are able to pay the expence of passage, 
are free to pursue their fortune agreeably to their inclinations 
or abilities. Few, however, have means to avail themselves of 

iCf. American History and Government, §§ 120-124. 
364 



WHITE SERVANTS IN 1774 365 

this advantage. These unhappy beings are, generally, con- 
signed to an agent, who classes them suitably to their real 
or supposed qualifications ; advertises them for sale, and 
disposes of them, for seven years, to planters, to mechanics, 
and to such as choose to retain them for domestic service. 



The generality of the inhabitants in this province are very 
little acquainted with those fallacious pretences, by which 
numbers are continually induced to embark for this continent. 
On the contrary, they too generally conceive an opinion that 
the difference is merely nominal between the indented ser- 
vant and the convicted felon: nor will they readily believe 
that people, who had the least experience in life, and whose 
characters were unexceptionable, would abandon their friends 
and families, and their ancient connexions, for a servile sit- 
uation, in a remote appendage to the British Empire. From 
this persuasion they rather consider the convict as the more 
profitable servant, his term being for seven, the latter only 
for five years ; and, I am sorry to observe, that there are but 
few instances wherein they experience different treatment. 
Negroes being a property for life, the death of slaves, in the 
prime of youth or strength, is a material loss to the proprietor ; 
they are, therefore, almost in every instance, under more 
comfortable circumstances than the miserable European, over 
whom the rigid planter exercises an inflexible severity. 
They [white servants] are strained to the utmost to perform 
their allotted labour. . . . 

The situation of the free-wilier is, in almost every instance 
more to be lamented than either that of the convict or the 
indented servant ; the deception which is practised on those 
of this description being attended with circumstances of greater 
duplicity and cruelty. . . . They are told, that their services 
will be eagerly solicited, in proportion to their abilities; that their 
reward will be adequate to the hazard they encounter by court- 
ing fortune in a distant region ; and that the parties with whom 



366 HARSH PHASES OF COLONIAL SOCIETY 

they engage will readily advance the sum agreed on for their 
passage ; which, being averaged at about nine pounds sterling, 
they will speedily be enabled to repay, and to enjoy, in a state 
of liberty, a comparative situation of ease and affluence. . . . 
It is, therefore, an article of agreement with these deluded 
victims, that if they are not successful in obtaining situations, 
on their own terms, within a certain number of days after their 
arrival in the country, they are then to be sold, in order to 
defray the charges of passage. ... 

117. Runaway Servants and Apprentices 

From " Newspaper Extracts," 1770-1771, in Xew Jersey Archives^ 
First Series, XXVII. The editor of this volume is responsible for the 
italics. 

Trenton Goal, December 28, 1769. 

This is to give notice, there was committed to my custody, 
by William Clayton, Esq., as a runaway apprentice on the 
24th day of October last, Thomas Sandaman. This is to in- 
form his master or sheriff that he run away from, that they 
come and pay charges and take him away, or he will he sold to 
pay cost and charges, on Saturday the 20th day of January, 
1770, by me 

Peter Hankinsox, Goaler. 

— The Pennsylvania Journal, No. IJ^-IS, January -^, 1770. 

Three Pounds Reward 

Run-away on Friday the 12th Inst, from the Subscriber at 
Hunterdon County, in New-Jersey, an Apprentice, named 
David Cox, about Twenty Years of Age, a Carpenter and 
Joiner by Trade, but its likely he may pass for a Mill- Wright, 
as he has two Brothers of that Trade, that works near Albany. 
He is about 5 Feet 10 Inches high, large boned, knock kneed, 
of a dark Complexion, down Look, black Eyes, black Hair, 
and wears it tied. Had on when he went away, a grey coloured 
Coat and Jacket, pretty much worn, with Horn Buttons on 



RUNAWAY SERVANTS AND APPRENTICES 367 

them, new Leather Breeches, with black Horn Buttons, Russia 
Shirt, black Yarn Stockings, new Shoes, also a rusty Castor 
Hat, wears it cocked : It is also suspected he has stole his 
Indentures, and will very likely show them for a Pass, as he 
is near of Age. Whoever apprehends said Apprentice, and 
secures him in any Goal, so that his Master may have Notice 
thereof, shall have the above Reward, paid by me. 

James Taylor. 
N. B. Perhaps he may change his Cloaths, that he may 
not be discovered. 

— TJie N. T. Gazette, or Weekly Post Boy, JSfo. H12, January 
22, 1770. 

New Jersey, November 24, 1769. 

Run-away the 22d September, from the Subscriber, living in 

Monmouth County, in the Township of Shrewsbury, in the 

Province of East New-Jersey ; an indented Servant Man, 

named Walter Clark, horn in the Jerseys, about Twenty-four 

Years of Age, a Black-Smith by trade, and understands farming 

Business; he is about six Feet high, has black curled Hair, 

and keeps his Mouth much open : He took several Suits of 

Apparel with him, all of a brownish Colour, some Broad Cloth, 

and some thin Stuff ; also one striped double-breasted Jacket. 

Whoever takes up the above said Servant and delivers him to 

me the Subscriber, shall have Three Pounds Reward, and 

reasonable Charges paid, by me. 

Benjamin Jackson. 

— The N. Y. Journal or General Advertiser, No. 1412, 
January 25, 1770. 

Run away from the subscriber, living near Morris-Town, in 
New-Jersey, on Christmas-day last, a servant man, named 
Thomas Clay, a Cooper by trade, near 50 years of age, about 5 
feet 10 inches high, brown curled hair, will drink to excess, 
and then is noisy, likes to sing songs ; had on, when he went 
away, a blue great coat, and jacket of the same, leather 



368 HARSH PHASES OF COLONIAL SOCIETY 

breeches, and felt hat. Whoever takes up and secures said 
servant, so that his master may have him again, shall have 
Three Pounds Reward, and reasonable charges, paid by 

Daxiel Gerard, junior. 

— Pennsylvania Gazette, No. 21Jf6, February 8, 1770. 

BuRLixGTON, December 3, 1770. 
This Day was committed to the Goal of this City, a certain 
Thomas Gearn, upon suspicion of being a runaway Servant ; he 
says that he belongs to William Withers, living in Cecil 
County, Maryland, and that he left his said blaster about 14 or 
15 Weeks ago. Said Servant is about 20 Years of Age, and 
says when he left his Master he had an Iron Collar on his Neck, 
but soon got it off. Whoever owns the said Thomas Gearn, is 
desired to come or send; pay Charges immediately, and take 
him away. — Ephraim Ppiillips, Goaler. 

Gloucester County Goal, September 12, 1771. 
Taken up on susjficion, as a runaway servant and now con- 
fined here, a young man about 5 feet 6 inches high, marked 
with the small-pox, has on a blue coat, homespun shirt, and 
check trousers, says his name is Hugh ]M'(/age, and that he 
belongs to one William or John Miller, living near Lancaster. 
His master, if any he has, is desired to fetch him away, and 
pay charges ; otherwise he will be sold out in 3 weeks from the 

date hereof. 

Richard Johnson, Goaler. 

— Pennsylvania Gazette, Sept. 12, 1771, 

[These advertisements all relate to miite men. Like entries continue 
through the early Revolutionary days, often in the same column with 
flaming expressions of the spirit of political liberty, in a manner some- 
what amazing to a modern reader. This one volume of newspaper 
extracts for the years 1770-1771, has seventy-seveyi such advertisements 
of run-away White servants for New Jersey alone, — many times aa 
many as there were for runaway Negroes.] 



D. THE REVOLUTION 
XXI. PRELIMINARY PERIOD — TO 1774 

On the history and subdivisions of this period, cf. American History 
and Government, §§ 120-144. Many documents which might be expected 
for the Revolution are omitted in this volume because of the short 
quotations from them in AmerirMn History and Government. 

118. Sugar Act of 1764 

Pickering's Statutes at Large, XXVI, 33-52 (4 Geo. Ill, c. 15). On 
the bearing of this and the Stamp Act (following) upon the Revolution, 
cf. American History and Government, §§ 131, 132. 

An act for granting certain deities in the British colonies and 
X)lantations in America; for continuing, amending, and making 
perpetual, an act passed in the sixth year of the reign of his late 
Majesty King George the Second, {intituled, An act for the 
better securing and encouraging the trade of his Majesty's 
sugar colonies in America;) for applying the produce of such 
duties, and of the duties to arise by virtue of the said act, tovjards 
defraying the expences of defending, protecting, and securing the 
said colonies and plantations ; . . . and for altering and disallow - 
iyig several drawbacks on exports from this kingdom, and more effec- 
tually preventing the clandestine conveyance of goods to and from 
the said colonies and plantations, and improving and securing 
the trade betiveen the same and Great Britain. 

WHEREAS it is expedient that new provisions and regulations 
should be established for improving the revenue of this Kingdom, 
and for extending and securing the navigation and commerce 
beticeen Great Britain and your Majesty's dominions in America, 
which, by the peace, have been so happily enlarged: and whereas 
it is just and necessary, that a revenue be raised, in your Maj- 

369 



370 PRELIMINARY PERIOD — TO 1774 

esty's said dominions in America, for defraying the expences of 
defending^ protecting, and securing the same ... be it enacted 
. . . , That from and after [September 29, 1764], there shall 
be raised, levied, collected, and paid, nnto his Majesty . . . , 
for and upon all white or clayed sugars of the produce or 
manufacture of any colony or plantation in America, not under 
the dominion of his Majesty . • . ; for and upon indico, and 
coffee of foreign produce or manufacture ; for and upon all 
wines (except French wine ; ) for and upon all wrought silks, 
bengals, and stuffs, mixed with silk or herba, of the manufac- 
ture of Persia, China, or East India, and all callico painted, 
died, printed, or stained there ; and for and upon all foreign 
linen cloth called Cambrick and French Lawns, which shall be 
imported or brought into any colony or plantation in America 
. . . under the dominion of his Majesty . . . , the several 
rates and duties following ; that it to say. 

For every hundred weight avoirdupois of such foreign 
white or clayed sugars, one pound two shillings, over and 
above all other duties imposed by any former act of parlia- 
ment. . . . 

For every hundred weight avoirdupois of such foreign coffee, 
which shall be imported from any place except Great Britain, 
two pounds, nineteen shillings, and nine pence. 

For every ton of wine of the growth of the Madeiras, or of 
any other island or place from whence such wine may be law- 
fully imported . . . , the sum of seven pounds. 

For every ton of Portugal, Spanish, or any other wine (ex- 
cept French wine) imported from Great Britian, the sum of ten 
shillings. 

For every pound weight avoirdupois of wrought silks, ben- 
gals, and stuffs, mixed with silk or herba, of the manufacture 
of Persia, Chiyia, or East India, imported from Great Britain, 
two shillings. 

For every piece of callico painted, dyed, printed, or stained, 
in Persia, China, or East India, imported from Great Britain, 
two shillings and six pence. 



SUGAR ACT OF 1764 371 

For every piece of foreign linen cloth, called Cambrick, im- 
ported from Great Britain, three shillings. . . . 

II. And it is hereby further enacted . . . That from and 
after [September 29, 1764] there shall also be raised, levied, 
collected, and paid, unto his Majesty . . . , for and upon all 
coffee and pimento of the growth and produce of any British 
colony or plantation in America, which shall be there laden 
on board any British ship or vessel, to be carried out from 
thence or any other place whatsoever, except G7'eat Britain, the 
several rates and duties following ; that is to say, 

III. For every hundred weight avoirdupois of such British 
coffee, seven shillings. 

For every pound weight avoirdupois of such British pimento, 
one half x^enny. . . . 

[IV, V, VI. The Sugar Act of 1733 (Xo. 100 c) to continue 
in force perpetually with a decrease of one half in the rate 
upon imports from British colonies.] 

XL And it is further enacted . . . That all the monies 
which . . . shall arise by the several rates . . . herein . . . 
granted . . . shall be paid into the receipt of his Majesty's 
Exchequer, and shall be entered separate and apart from all other 
monies paid or payable to his Majesty . . . : and shall be there 
reserved, to be, from time to time, disposed of by parliament, to- 
wards defraying the necessary expences of defending, protecting, 
and securing, the British colonies and plantations in America. 



XVIII. And be it further enacted . . . , That from and 
after . . . [September 29, 1764] . . . , no rum or spirits of 
the produce or manufacture of any of the colonies or plantations 
in America, not in the possession or under the dominion of his 
Majesty . . . , shall be imported or brought into any of the col- 
onies or plantations in America which now are, or hereafter may 
be, in the possession or under the dominion of his Majesty . . . 
upon forfeiture of all such rum or spirits, together with the 



372 PRELIMINARY PERIOD — TO 1774 

ship or vessel in which the same shall be imported, with the 
tackle, apparel, and furniture thereof; to be seized by any 
officer or officers of his Majesty's customs, and prosecuted in 
such manner and form as herein is after expressed ; any law, 
custom, or usage, to the contrary notwithstanding. 

******* 

XXVII. And it is hereby further enacted . . . , That from 
and after . . . [September 29, 1764] . . . , all coffee, pimento, 
cocoa nuts, whale fins, raw silk, hides, and skins, pot and pearl 
ashes, of the growth, production, or manufacture, of any 
British colony or plantation in America, shall be imported 
directly from thence into this kingdom, or some other British 
colony or plantation. 

[XXVIII Adds iron and lumber of all sorts to the "enumer- 
ated" list of articles to be exported by the colonies only to 
Great Britain.] 

[Most of the omitted sections of this long act have to do with providing 
a costly but efficient machinery of bonds, inspectors, etc., to enforce the 
navigation laws. The stringent section, XXXV, designed to prevent any 
trade whatever with the French West Indies is added] 

XXXV. And, in order to prevent any illicit trade or com- 
merce between his Majesty's subjects in America, and the 
subjects of the crown of France in the islands of /Saint Pierre 
and Miquelon, it is hereby further enacted . . . , That from 
and after [September 29, 1T64], if any British ship or vessel 
shall he found standing into, or coming out from, either of those 
islands, or hovering or at anchor ivithin tivo leagues of the coasts 
thereof, or shall be discovered to have taken any goods or mer- 
chandizes on board at either of them, or to have been there 
for that purpose ; such ship or vessel, and all the goods so 
taken on board there, shall be forfeited and lost, and shall and 
may be seized and prosecuted by any officer of his Majesty's 
customs ; and the master or other person having the charge of 
such ship or vessel, and every person concerned in taking any 
such goods on board, shall forfeit treble the value thereof. 



STAMP ACT 373 

119. Stamp Act 

March 22, 1765 
Pickering's Statutes at Large, XXVI, 179-204 (5 Geo. Ill, c. 12). 

An act for granting and applying certain stamp duties, and 
other duties, in the British colonies and plantations in America, 
toivards further defraying the expences of defending, protecting, 
and securing the same; . . . 

WHEREAS . . . it is just and necessary, that provision be 
made for raising a further revenue within your Majesty^s 
dominions in America, toivards defraying the . . . expences [of 
the colonies] ... be it enacted . . . , That from and after 
the first day of November, one thousand seven hundred and 
sixty five, there shall be raised, levied, collected, and paid 
unto his Majesty, his heirs, and successors, throughout the 
colonies and plantations in America ... 

For every skin or piece of vellum or parchment, or sheet or 
piece of paper, on which shall be ingrossed, written or printed, 
any declaration, plea, replication, rejoinder, demurrer, or other 
pleading, or any copy thereof, in any court of law within the 
British colonies and plantations in America, a stamp duty of 
three pence. 

[Fifty-five paragraphs follow, each imposing a duty (varying 
from a penny to several pounds) for different legal or govern- 
mental papers, or upon the sale of certain articles, or upon 
pamphlets, with many pages of provisions for the enforcement 
of the law.] 

LIV. And be it further enacted . . • , That all the monies 
which shall arise by the several rates and duties hereby 
granted (except the necessary charges of raising, collecting, 
recovering, answering, paying, and accounting for the same, 
and the necessary charges from time to time incurred in rela- 
tion to this act, and the execution thereof) shall be paid into 
the receipt of his Majesty's exchequer, and shall be entered 
separate and apart from all other monies, and shall be there 



374 PRELIMINARY PERIOD — TO 1774 

reserved to be from time to time disposed of by parliament, 
towards further defraying the necessary expences of defending, pro- 
tecting, and securing, the said colonies and plantations. 



120. Reception of the Stamp Act in America 

a. Patrich Henry's Resolutions, May 27 , 1765 

Journals of the Virginia House of Burgesses, 1761-1765, Ixvi-lxvii. 

The text below gives the resolutions as approved in committee of 
the whole, May 27. The last two failed to pass the House, May 28 ; 
and May 29 the last of the others was expunged from the record. The 
full text was published by newspapers, however, and it was generally 
supposed that Virginia had approved them all as here given. 

Whereas, The Honorable House of Commons, in England, 
have of late drawn into question how far the General Assembly 
of this colony hath power to enact laws for laying of taxes 
and imposing duties payable by the people of this, his Maj- 
esty's most ancient colony ; for settling and ascertaining the 
same to all future times, the House of Burgesses of this 
present General Assembly have come to the following resolves. 

Resolved, That the first adventurers, settlers of this his 
Majesty's colony and dominion of Virginia, brought with 
them and transmitted to their posterity, and all other his 
Majesty's subjects, since inhabiting in this his Majesty's 
colony, all the privileges and immunities that have at any 
time been held, enjoyed, and possessed by the people of Great 
Britain. 

Resolved, That by two royal charters, granted by King 
James the First, the colony aforesaid are declared and entitled 
to all privileges, and immunities of natural born subjects, to 
all intents and purposes as if they had been abiding and born 
within the realm of England. 

Resolved, That his Majesty's liege people of this ancient 
colony have enjoyed the right of being thus governed by their 
own Assembly in the article of taxes and internal police. 



PATRICK HENRY'S RESOLUTIONS 375 

and that the same have never been forfeited, or any other 
way yielded up, but have been constantly recognized by the 
King and people of Great Britain. 

Resolved, Therefore, that the General Assembly of this 
colony, together with his Majesty or his substitutes, have, in 
their representative capacity, the only exclusive right and 
power to lay taxes and imposts upon the inhabitants of this 
colony ; and that every attempt to vest such power in any 
other person or persons whatever than the General Assembly 
aforesaid, is illegal, unconstitutional, and unjust, and has a 
manifest tendency to destroy British as well as American 
liberty. 

Resolved, That his Majesty's liege people, the inhabitants 
of this colony, are not bound to yield obedience to any law 
or ordinance whatever, designed to impose any taxation what- 
soever upon them, other than the laws or ordinances of the 
General Assembly aforesaid. 

Resolved, That any person who shall, by speaking or writing, 
assert or maintain that any person or persons, other than the 
General Assembly of this colony, have any right or power 
to impose or lay any taxation on the people here, shall be 
deemed an enemy to his Majesty's colony. 

[The sixth and seventh resolutions point to forcible resistance, not 
merely to protest. This is the peculiarity which marks off this document 
from many others of the time. A few months later, that tone was 
common. Cf. h, below.] 

h. An Association against the Stamp Act in a Vir- 
ginia County, 1766 

Journals of the House of Burgesses, 1761-1765, Ixxii. These Reso- 
lutions were drawn by Richard Henry Lee. 

[County] resolutions passed at Leedstown, on the 27th day of 
February 1766 : 

. . . We, who subscribe this paper, have associated, and do 
bind ourselves to each other, to God, and to our country, by 
the firmest ties that religion and virtue can frame, most 



376 PRELIMINARY PERIOD — TO 1774 

sacredly and punctually to stand by, and with our lives and 
fortunes, to support, maintain, and defend each other in the 
observance and execution of these followinp: articles. . . . 



Thirdly. As the Stamp Act does absolutely direct the 
property of the people to be taken from them without their 
consent expressed by their representatives, and as in many 
cases it deprives the British American subject of his right to 
trial by jury ; we do determine, at every hazard, and, paying 
no regard to danger or to death, we will exert every faculty, to 
prevent the execution of the said Stamp Act in any instance 
whatsoever within this Colony. And every abandoned wretch, 
who shall be so lost to virtue and public good, as wickedly to 
contribute to the introduction or fixture of the Stamp Act in 
this Colony, by using stampt paper, or by any other means, 
we will, with the utmost expedition, convince all such profli- 
gates that immediate danger shall attend their prostitute 
purpose. 

Fourthly. That the last article may most surely and effec- 
tually be executed, we engage to each other, that whenever it 
shall be known to any of this association, that any person is so 
conducting himself as to favor the introduction of the Stamp 
Act, that immediate notice shall be given to as many of the 
association as possible ; and that every individual so informed, 
shall, with expedition, repair to a place of meeting to be 
appointed as near the scene of action as may be. . . . 

Sixthly. If any attempt shall be made on the liberty or 
property of any associator for any action or thing to be done 
in consequence of this engagement, we do most solemnly bind 
ourselves by the sacred engagements above entered into, at the 
utmost risk of our lives and fortunes, to restore such associate 
to his liberty, and to protect him in the enjoyment of his 
property. . . . 

[One hundred and fifteen names are signed, — among them, 
a Washington and six Lees.J 



A STAMP DISTRIBUTOR 377 

c. Ilesignatioii of Stamp Distributor in Virginia, 1765 
{Letter of the Governor to the Lords of Trade) 

Journals of the House of Burgesses^ 1762-1765^ Ixviii-lxxi. 

Williamsburg jSTov. 3d 1765. 
My Lords, 

The present unhappy state of this Colony, will, to my great 
concern, oblige me to trouble Your Lordships with a long and 
very disagreeable letter. We were for some time in almost 
daily expectations of the arrival of Colonel Mercer with the 
Stamps for the use of this Colony, and rumours were industri- 
ously thrown out that at the time of the General Court parties 
would come down from most parts of the country to seize on 
and destroy all Stamped Papers. . . . 

Very unluckily. Colonel Mercer arrived at the time this town 
was the fullest of Strangers. On Wednesday the 30th October 
he came up to town. I then thought proper to go to the 
Coffee house . . . that I might be an eye witness of what did 
really pass, and not receive it by relation from others. The 
mercantile people were all assembled as usual. The first word 
I heard was " One and all " ; upon which, as at a word agreed 
on before between themselves, they all quitted the place to 
find Colonel Mercer at his Father's lodgings where it was known 
he was. This concourse of people I should call a mob, did I 
not know that it was chiefly if not altogether composed of gentlemen 
of property in the Colony, some of them at the head of their re- 
spective Counties, and the merchants of the country, whether Eng- 
lish, Scotch or Virginian ; for few absented themselves. They 
met Colonel Mercer on the way, just at the Capitol : there they 
stopped and demanded of him an answer whether he would 
resign or act in this office as Distributor of the Stamps. He 
said it was an affair of great moment to him ; he must consult 
his friends ; and promised to give them an answer at 10 o'clock 
on Friday morning at that place. This did not satisfy them ; 
and they followed him to the Coffee house, in the porch of 
which I had seated myself with many of the Council and the 



378 PRELIMINARY PERIOD — TO 1774 

Speaker, who had posted himself between the crowd and my- 
self. We all received him with the greatest marks of welcome ; 
with which, if one may be allowed to judge by their counte- 
nances, they [the " mob "] were not well pleased, tho' they re- 
mained quiet and were silent. Now and then a voice was 
heard from the crowd that Friday was too late ; the Act would 
take place, they would have an answer tomorrow. Several 
messages were brought to Mr. Mercer by the leading men of the 
crowd, to whom he constantly answered he had already given an 
answer and he would have no other extorted from him. After 
some little time a cry was heard, " let us rush in.-' Upon this 
we that were at the top of the [steps], knowing the advantage 
our situation gave us to repell those v/ho should attempt to mount 
them, advanced to the edge of the Steps, of which number I was 
one. I immediately heard a cry, '- See the Governor, take care 
of him." Those who before were pushing up the steps, immedi- 
ately fell back, and left a small space between me and them. 
If your Lordships will not accuse me of vanity I would say 
that I believe this to be partly owing to the respect they bore 
to my character and partly to the love they bore to my person. 
After much entreaty of some of his friends, Mr. Mercer was, 
against his own inclination, prevailed upon to promise them an 
answer at the Capitol the next evening at five. The crowd did 
not yet disperse ; it was growing dark, and I did not think it 
safe to have to leave Mr. Mercer behind me, so I again advanced 
to the edge of the steps and said aloud I believed no man there 
would do me any hurt, and turned to Mr. Mercer and told him 
if he would walk with me through the people I believed I 
could conduct him safe to my house; and w^e accordingly 
walked side by side through the thickest of the people, who 
did not molest us, tho' there was some little murmurs. By me 
thus taking him under my protection, I believe I saved him 
from being insulted at least. When we got home we had much 
discourse on the subject. . . . He left me that night in a state 
of uncertainty what part he should act. 

Accordingly Mr. Mercer appeared at the Capitol at 5, as he 



A STAMP DISTRIBUTOR 379 

had promised. The number of people assembled there was 
much increased, by messengers having been sent into the 
neighborhood for that purpose. Colonel Mercer then read to 
them the answer which is printed in the Supplement of the 
Gazette, of which I enclose your Lordships a copy, to which I 
beg leave to refer.^ . . . 

[Mercer offered to resign his commission to the governor — 
who refused to accept the resignation.] If I accepted the resig- 
nation, I must appoint another, and I was w^ell convinced I 
could not find one to accept of it, in those circumstances, 
which would render the office cheap. Besides if I left Mr. 
Mercer in possession of the place he would be always ready to 
distribute the Stamped papers, whenever peoples eyes should 
be opened and they should come to their senses, so as to receive 
them. . . . 

Fraxcis Fauquier. 

Colonel Mercer has informed me that he proposes to apply 
to the Commanders of His Majesty's ships of War, to take the 
Stamped Papers on board their ships for His Majesty's service : 
it being the place of the greatest if not the only security for 
them : for I am convinced, as well as himself, that it would be 
extremely dangerous to attempt to land them during the present 
fermented state of the Colony. If these Gentlemen should 
refuse to take charge of them, and Mr. Mercer should apply 
to me, I will do my duty to His Majesty and save them from 
being destroyed, to the best of my power, tho' I can by no 
means answer for the success of my endeavors. . . . 

I am with the greatest respect and esteem, my Lords 
Your Lordships most obedient 
and devoted Servant. 

Francis Fauquier. 

1 Mercer promised not to act unless first he should have secured permission 
from the Virginia Assembly. He was then borne in triumph to his lodgings 
by the joyful "mob." 



380 PRELIMINARY PERIOD — TO 1774 

d. Terrorizing the Respecters of the Law in Jfeiv Jersey 

The New York Gazette or Weekly Post Boy, February 27, 1766 ; re- 
produced in New Jersey Archives^ First Series, XXV, 38. 

A large Gallows was erected in Elizabeth-Town last Week, 
with a Rope ready fixed thereto; and the Inhabitants there 
vow and declare that the first Person that either distributes 
and [or] takes out \_i.e., uses] Stamped Paper, shall be hung 
thereon without Judge or Jury. 

121. Origin of the Virginia Non-importation Agreement 

a. Protest of the Burgesses against the Projwsal of the English 
Government to send Americans, accused of Treason, to England 
for Trial. 

Journals of the House of Burgesses, 1766-1769, 212-218. 

Tuesday, the 16th of May. 9 Geo. III. 1769. 



. . . The Order of the Day being read, for the House to re- 
solve itself into a Committee of the whole House, to consider 
of the present State of the Colony ; 

Ordered, That . . . one other Statute made in the Thirty- 
fifth Year of the same King's Reign [Henry VIII], entituled, 
Ari Act for the Trial of Treamns committed out of the King^s 
Dominions, be referred to the said Committee. 

Then the House resolved itself into the said Committee. 

Mr. Sjyeaker left the Chair. 

Mr. Blair took the Chair of the Committee. 

Mr. Speaker resumed the Chair. 

Mr. Blair reported, from the Committee, that they had come 
to several Resolutions ; which he read in his Place, and after- 
wards delivered in at the Clerk's Table, where the same were 
read, and are as followeth, viz. 

[Resolutions I and II repeat familiar clauses as to right of 



THE VIRGINIA BURGESSES 381 

taxation only by the Virginia Assembly, and as to right of 
petition for redress of grievances.] 

[Ill] Resolved, That it is the Opinion of this committee, that 
all Trials for Treason, Misprison of Treason, or for any Felony 
or Crime whatsoever, committed and done in this his Majesty's 
said Colony and Dominion, by any Person or Persons residing 
therein, ought of Right to be had, and conducted in and before 
his Majesty's Courts, held within the said Colony, according 
to the fixed and known Course of Proceeding; and that the 
seizing any Person or Persons, residing in this Colony, sus- 
pected of any Crime whatsoever, committed therein, and send- 
ing such Person, or Persons, to Places beyond the Sea, to be 
tried, is highly Derogatory of the Rights of British Subjects ; 
as thereby the inestimable Privilege of being tried by a Jury 
from a Vicinage as well as the Liberty of summoning and pro- 
ducing Witnesses on such Trial, will be taken away from the 
Party accused. . . . 

[A fourth resolution declared the purpose of memorializing 
King George upon the matter of the third resolution.] 

The said Resolutions being severally read a second Time ; 

Resolved, Nemine Contradicente, 

That this House doth agree with the Committee in the said 
Resolutions. 



Resolved, That this House will. To-morrow, resolve itself into 
a Committee of the whole House, to consider further of the 
present State of the Colony. 

Ordered, That the Speaker of this House do transmit without 
Delay, to the Speakers of the several Houses of Assembly, on this 
Continent, a Copy of the Resolutions now agreed to by this House, 
requesting their Concurrence therein. 

Ordered, That a Committee be appointed to draw up an Ad- 
dress, to be presented to his Majesty, upon the fourth Resolu- 
tion of the Committee of the whole House, this Day reported, 
and agreed to by the House. 



382 PRELIMINARY PERIOD — TO 1774 



Wednesday, the 17th of May. 9 Geo. III. 1769. 



Ordered, That the Resolutions of the Committee of the whole 
House, Yesterday reported to the House, and by them agreed 
to, be printed in the Virginia Gazette. 

******* 

[Mr. Blair, previously appointed to draft an address to the 
King, read the address, as follows.] 

\Vhen we consider, that by the established Laws and Consti- 
tution of this Colony, the most ample Provision is made for 
apprehending and punishing all those who shall dare to engage 
iu any treasonable Practices against your Majesty, or disturb 
the Tranquility of Government, we cannot, without Horror, 
think of the new, unusual, and permit us, with all Humility, 
to add, unconstitutional and illegal ^lode, recommended to your 
Majesty, of seizing and carrying beyond the Sea, the Inhabit- 
ants of America, suspected of any Crime ; and of trying such 
Persons in any other Manner than by the ancient and long es- 
tablished Course of Proceeding: For how truly deplorable 
must be the Case of a wretched American, who, having incurred 
the Displeasure of any one in Power, is dragged from his nar 
tive Home, and his dearest domestick Connections, thrown 
into Prison, not to await his Trial before a Court, Jury, or 
Judges, from a Knowledge of whom he is encouraged to hope 
for speedy Justice ; but to exchange his Imprisonment in his 
own Country, for Fetters amongst Strangers ? Conveyed to a 
distant Land, where no Friend, no Relation, will alleviate his 
Distresses, or minister to his Necessities ; and where no Wit- 
ness can be found to testify his Innocence ; shunned by the 
reputable and honest, and consigned to the Society and Con- 
verse of the wretched and the abandoned ; he can only pray 
that he may soon end his Misery with his Life. . . . 

The said Address being read a second Time ; 



VIRGINIA NON-IMPORTATION ASSOCIATION 383 

Resolved, Nemiue Coritradicente, 

That the House doth agree with the Committee, in the said 
Address, to be presented to his Majesty. 

Ordered, That Mr. SiJeaker do transmit the said Address to 
the Agent for this Colony, with Directions to cause the same 
to be presented to his Most Excellent Majesty; and afterwards 
to be printed and published in the Eyiglish Papers. 



A Message from the Governor, by Mr. Walthoe : 

"Mr. Speaker, the Governor commands the immediate At- 
tendance of your House in the Council Chamber." 

Accordingly, Mr. Speaker, with the House, went up to attend 
the Governor in the Council Chamber ; where his Excellency 
was pleased to say to them : 

•' Mr. Speaker, and Gentlemen of the House of Burgesses, 
I have heard of your Resolves and augur ill of their Effect : 
You have made it my Duty to dissolve you ; and you are dis- 
solved accordingl3\" 

h. Association of the Ex-Burgesses, May 18, 1769 

Journals of House of Burgesses, 176G-1769, xxxix ff. 

"The late representatives of the people" then judging it necessary 
that some action should be taken to relieve their "distressed situation, 
and for preserving the true and essential interests of the Colony, resolved 
upon a meeting '' and at once repaired to the house of 3Ir. Anthony Hay, 
when it was proposed that such matters as demanded attention might be 
considered. This body, according to adjournment, met next day and 
continued its session. The minutes of both meetings, not being included 
in the regular Journals of the House of Burgesses, were ordered by the 
Burgesses to be printed, as follows. 

Williamsburg 

Wednesday, the 17th May. 1769. 

About 12 o'clock his Excellency the Governor was pleased, 

by his Messenger, to command the Attendance of the House 

of Burgesses in the Council Chamber, whereupon, in Obedience 



384 PRELIMINARY PERIOD — TO 1774 

to his Lordship's Command, the House, with their Speaker, 
immediately waited upon his Excellency, when he thought fit 
to dissolve the General Assembly. 

The late Representatives of the People then judging it 
necessary that some Measures should be taken in their dis- 
tressed Situation, for preserving the true and essential Inter- 
ests of the Colony, resolved upon a Meeting for that very 
salutary Purpose, and therefore, immediately, with the great- 
est Order and Decorum, repaired to the House of Mr. Anthony 
Hay in this City, where being assembled, it was first proposed, 
for the more decent and regular Discussion of such Matters as 
might be taken into Consideration, that a Moderator should be 
appointed, and, on the Question being put, Peyton Randolph, 
Esq ; late Speaker of the House of Burgesses, was unanimously 
elected. 

The true state of the Colony, being then opened and fully 
explained, and it being proposed that a regular Association 
should be formed, a Committee was appointed to prepare the 
necessary and most proper Regulations for that Purpose, and 
they were ordered to make their Report to the General Meet- 
ing the next Day at 10 o'clock. 

Thursday. May 18. 

At a farther Meeting, according to Adjournment, the Com- 
mittee appointed Yesterday, made their Report, which being 
read, seriously considered and approved, was signed by a 
great Number of the Principal Gentlemen of the Colony then 
present, and is as follows : 

We his Majesty's most dutiful Subjects, the late Represen- 
tatives of all the Freeholders of the Colony of Virginia, avow- 
ing our inviolable and unshaken Fidelity and Loyalty to our 
most gracious Sovereign, our Affection for all our Fellow 
Subjects of Great Britain protesting against every Act or 
Thing which may have the most distant Tendancy to inter- 
rupt, or in any wise disturb his Majesty's Peace, and the 
good Order of his Government in this Colony, which we are 
resolved, at the Risque of our Lives and Fortune, to maintain 



VIRGINIA NON-IMPORTATION ASSOCIATION 385 

and defend ; but at the same Time, being deeply affected with 
the Grievances and Distresses with which his Majesty's Ameri- 
can Subjects are oppressed, and dreading the Evils which 
threaten the ruin of ourselves and our posterity, by reducing 
us from a free and happy People, to a wretched and miserable 
State of Slavery ; and having taken into our most serious 
Consideration the present State of the Trade of this Colony, 
and of the American Commerce in general, observe with 
Anxiety, that the Debt due Great Britain for Goods imported 
from thence is very great, and that the Means of paying this 
Debt, in the present Situation of Affairs, are likely to become 
more and more precarious ; that the Difficulties, under which 
we now labour, are owing to Restrictions, Prohibitions, and ill 
advised Regulations in several late Acts of Parliament of 
Great Britain ; in particular, that the late unconstitutional Act, 
imposing Duties on Tea, Paper, Glass, etc., for the sole Pur- 
pose of raising a Revenue in America, is injurious to Property, 
and destructive to Liberty, hath a necessary Tendency to pre- 
vent the Payment of the Debt due from this Colony to Great 
Britain, and is, of Consequence, ruinous to Trade; that, not- 
withstanding the many earnest Applications already made, 
there is little reason to expect a Redress of those Grievances : 
Therefore, in Justice to ourselves and our Posterity, as well as 
to the Traders of Great Britain c(5ncerned in the American 
Commerce, we, the Subscribers, have voluntarily and unani- 
mously entered into the following Resolutions, in Hopes that 
our Example will induce the good People of this Colony to be 
frugal in the Use and Consumption of British Manufactures, 
and that the Merchants and Manufacturers of Great Britain 
may, from Motives of Interest, Friendship, and Justice, be 
engaged to exert themselves to obtain for us a Redress of 
those Grievances, under which the Trade and Inhabitants of 
America at present labour: We do therefore most earnestly 
recommend this our Association to the serious inhabitants of 
this Colony, in Hopes, that they will very readily and cordially 
accede thereto. 



386 PRELIMINARY PERIOD — TO 1774 

First, It is UNANIMOUSLY agreed on and resolved 
this 18th day of May, 1769, that the Subscribers, as well 
by their own Example, as all other legal Ways and Means 
in their Power, will promote and encourage Industry and 
Frugality, and discourage all Manner of Luxury and Ex- 
travagance. 

Secondly, That they will not at any Time hereafter, directly 
or indirectly import, or cause to be imported, any Manner of 
Goods, Merchandise, or Manufactures, which are, or shall 
thereafter be taxed by Act of Parliament, for the Purpose of 
raising a Revenue in America (except Paper, not exceeding 
Eight Shillings Sterling per Reem, and except such Articles 
only, as Orders have been already sent for) nor purchase any 
such after the First Day of September next, of any Person 
whatsoever, but that they will always consider such Taxa- 
tion, in every Respect, as an absolute Prohibition, and in 
all future Orders, direct their Correspondents to ship them 
no Goods whatever, taxed as aforesaid, except as is above 
excepted. . . } 

[Present 

89 members.] 

The business being finished, the following TOASTS were 
drank, and Gentlemen retired. 

The KING, 

The QUEEN and ROYAL FAMILY, 

His Excellency Lord BOTETOURT [the Governor], and 
Prosperity to VIRGINIA. 

The speedy and lasting Union between Great Britain and 
her Colonies. 

The constitutional British Liberty in America, and all true 
Patriots, the Supporters thereof. . . . 

1 George Washington and George Mason (as their preserved letters show) had 
been in correspondence regarding such a non-importation agreement for some 
weeks. Mason drew the resolutions; Washington was to have presented 
them to the Assembly. Now he did so (in person or by deputy) to the informal 
meeting at Mr. Hay's. See Washington's Writings, first edition, II, 263; and 
Mason's Life and Correspondence, I, 136 ff. 



MASSACHUSETTS TOWN-COMMITTEES 387 

122. The Origin of Massachusetts Town -Committees of Corre- 
spondence, 1772 

Boston Toton Becords, 1770-1777 {Beport of the Record Commissioners, 
1887), pp. 90-93. 

A Boston town meeting of October 28 had been concerned with the 
report that " Stipends are afl&xed by order of the Crown to the offices of 
the Judges of Superior Court." This action had been taken by the 
British government to render the judges independent of the Assembly 
and of public opinion in Massachusetts. The meeting had voted that " a 
decent . . . Application " be made to the governor asking for infor- 
mation as to the truth of the report. The Governor's refusal appears 
in the first part of the document. This crisis, and the refusal of Governor 
Hutchinson (below) to permit the Assembly to meet, brought about the 
organization of committees of correspondence. Cf. American History 
and Government^ § 140. 

Fryday October 30, 10 O'Clock Before Noon, Met according 
to Adjournment. 

The Committee to present the G-overnor an Address Reported 
the following answer w^hich his Excellency delivered to them in 
Writing — Viz — 
Gentlemen 

It is by no means proper for me to lay before the 
Inhabitants of any Town whatsoever in consequence of their 
Votes and Proceedings in a Town Meeting any part of my 
Correspondence as Governor of this Province or to acquaint 
them whether I have or have not received any advice relating 
to the public Affairs of the Government. This reason alone if 
your Address to me had been in other respects unexceptionable, 
would have been sufficient to restrain me from complying with 
your desire — 

I shall always be ready to gratify the Inhabitants of the 
Town of Boston upon every regular Application to me on 
business of public concernment to the Town as far as I shall 
have it in my power consistent with fidelity to the trust which 
his Majesty has reposed in me — 

T. Hutchinson. 



388 PRELIMINARY PERIOD — TO 1774 

The aforegoing answer, having been considered — It was 
moved and the Question put — Whether application shall be 
now made to his Excellency by the Town that he would be 
pleased to permit the General Assembly to meet at the time to 
which they stand prorogued, which passed in the Affermative 
Nem Con. — It was then Voted, that 

The Honorable James Otis, Esq. 
Mr. Samuel Adams 
The Honorable Thomas Gushing, Esq. 
be a Committee to prepare a Petition to his Excellency for the 
purpose aforesaid — 

The Petition of a number of the Inhabitants — " That 
another public School may be Established at the South part 
of the Town," was read, and after debate had thereon — the 
Question was put — Whether the Consideration of the same 
shall be referred to March Meeting — Passed in the affermative. 

The Committee appointed by the Town at a late Meeting to 
consider what was proper to be done to prevent the ruin of 
Beacon Hill, were desired to make Report as soon as may be. 

Voted, that the Town Clerk be directed to lay the Original 
Grant of Beacon Hill before the Town at their adjournment. 

Upon a Motion made — Voted, that the Selectmen be added 
to the Committee relative to Beacon Hill — 

The Committee chosen to prepare a Petition to the Governor, 
relative to the Meeting of the General Court — Reported the 
following Draft — Viz — 

The Petition of the Freeholders and other Inhabitants of 
the Town of Boston legally Assembled by Adjournment in 
Faneuil Hall on Fryday 30 of October 1772 — 

Humbly Sheweth — 

That your Petitioners are still greatly alarmed at the Report 
which has been prevalent of late Viz. That Stipends are 
affixed to the Offices of the Judges of the Superior Court of 
Judicature of this Province by Order of the Crown for their 
support — 

Such an Establishment is contrary not only to the plain and 



MASSACHUSETTS TOWN COMMITTEES 389 

obvious sense of the Charter of this Province but also some of 
the fundamental Principles of the Common Law, to the benefit 
of which all British Subjects, wherever dispersed throughout 
the British Empire, are indubitably entitled — . . . 

It is therefore their earnest and humble request that your 
Excellency would be pleased to allow the General Assembly 
to meet at the time to which they now stand prorogued; in 
order that in that Constitutional Body, with whom it is to 
enquire into Grievances and Eedress them, the Joint Wisdom 
of the Province may be employed, in deliberating and deter- 
mining on a matter so important and alarming — 

The Town having considered the foregoing Draft of a Peti- 
tion to Governor Hutchinson — It was Voted, that the same 
be accepted, Nem. Con. Also Voted, that [seven names] be a 
Committee to present the Petition to his Excellency — 

Voted, that this Meeting be Adjourned to Monday next 3. 
O'clock P.M. 

Monday November M 3. O'Clock P.M. Met According to 
Adjournment. 

The Committee appointed to present a Petition To his Ex- 
cellency the Governor of this Province, Reported and laid 
before the Town the following Reply which his Excellency 
had been pleased to deliver them in writing — Viz. [A firm 
claim that the town-meeting was meddling with matters that 
were beyond its province, and a refusal to call the Assembly.] 

The foregoing Reply having been read several times and 
duly considered; it was moved and the Question accordingly 
put Whether the same be satisfactory to the Town-, which 
passed in the Negative New.. Con. And thereupon — 

Resolved as the Opinion of the Inhabitants of this Town 
that they have ever had, and ought to have, a right to Petition 
the King or his Representatives for the Redress of such 
Grievances as they feel or for preventing of such as they have 
reason to apprehend, and to communicate their Sentiment to 
other Towns. 

It was then moved by Mr. Samuel Adams, That a Committee of 



390 PRELIMINARY PERIOD — TO 1774 

Correspondence be appointed to consist of twenty-one Persons — 
to state the Rights of the Colonists and of this Province in par- 
ticular, as Men, as Christians, and as Subjects ; to communicate 
and publish the same to the several Towns in this Province and to 
the World as the sense of this Town, with the Infringements and 
Violations thereof that have been, or from time to time may be 
made — Also requesting of each Town a free communication of 
their Sentiments on this Subject — And the Question being ac- 
cordingly put — Passed in the Affermative. Nem. Con. — Also 
Voted, that [a list headed with the names of Samuel Adams, 
James Otis, and Joseph Warren] be and hereby are appointed 
a Committee for the purpose aforesaid, and that they be desired 
to Report to the Town as soon as may be — . . 
Then the Meeting was dissolved. 

123. Creation of Standing Intercolonial Committees of Corre- 
spondence, 1773 

This was the most important step in America between the Stamp Act 
Congress and the First Continental Congress. Cf. American History 
and Government., § 140. 

a. Jefferson's Account of the Origin of the Movement 
{ivritten at a Later Date) 

Ford's Writings of Jefferson., I, 7, 8. 

Not thinking our old and leading members up to the point 
of forwardness and zeal which the times required, Mr. Henry, 
Richard Henry Lee, Francis L. Lee, Mr. Carr and myself 
agreed to meet in the evening in a private room of the Raleigh, 
to consult on the state of things. There may have been a 
member or two more whom I do not recollect. We were all 
sensible that the most urgent of all measures was that of com- 
ing to an understanding with all the other colonies, to consider 
the British claims as a common cause to all, and to produce a 
unity of action ; and for this purpose that a committee of cor- 
respondence in each colony would be the best instrument for 
intercommunication ; and that their first measure would prob- 



VIRGINIA: INTERCOLONIAL COMMITTEES 391 

ably be, to propose a meeting of deputies from every colony, 
at some central place, who should be charged with the direc- 
tion of the measures which should be taken by all. We 
therefore drew up the resolutions. The consulting members 
proposed to me to move them, but I urged that it should be 
done by Mr. Carr, my friend and brother in law, then a mem- 
ber, to whom I wished an opportunity should be given of 
making known to the house his great worth and talents. It 
was so agreed; he moved them. They were agreed to nem. 
con., and a committee of correspondence appointed, of whom 
Peyton Randolph, the Speaker, was chairman. 

h. The Action of the Virginia Burgesses 
Journals of the House of Burgesses, 1775-1776, 26-28. 
Friday, the 12th of March, 13 Geo. III. 1773. 

* * ■* ^ ■* * ^ 

The House resolved itself into a Committee of the whole 
House, upon the State of the Colony. 

Mr. Speaker left the chair. 

Mr. Bland took the Chair of the Committee. 

Mr. S^jeaker resumed the Chair. 

Mr. Bland reported from the Committee, that they had 
directed him to make the following Report to the House, viz.'^ 

Whereas, the minds of his Majesty's faithful Subjects in 
this Colony have been disturbed, by various Rumours and 
Reports of proceedings tending to deprive them of their 
ancient, legal and constitutional Rights. 

And 2c7iereas, the affairs of this Colony are frequently con- 
nected with those of Great Britain, as well as of the neigh- 
boring Colonies, which renders a Communication of Sentiments 
necessary ; in Order therefore to remove the Uneasiness, and 
to quiet the minds of the People, as well as for the other good 
purposes above mentioned : 

1 Only the result of the action of the Committee of the Whole goes ou 
record. Cf. Xo. 121, 



392 PRELIMINARY PERIOD— TO 1774 

Be it resolved, that a standing Committee of Correspondence 
and inquiry be appointed, to consist of eleven Persons, to wit, 
the Honourable Peyton Eandolph, Esquire, Robert Carter 
Nicholas, Richard Bland, Richard Henry Lee, Benjamin 
Harrison, Edmund Pendleton, Patrick Henry, Dudley Digges, 
Dahney Carr, Archibald Cary, and Thomas Jefferson, Esquires, 
any six of whom to be a Committee, whose business it shall be 
to obtain the most early and authentic intelligence of all such 
Acts and Resolutions of the British Parliament, or proceedings of 
Administration, as may relate to or affect the British Colonies in 
America, and to keep up and maintain a Correspondence and Com- 
munication with our Sister Colonies, respecting these important 
Considerations ; and the result of such their proceedings, from 
Time to Time, to lay before this House. 

Resolved, that it be an instruction to the said Committee, 
that they do, without delay, inform themselves particularly of 
the principles and Authority, on which was constituted a 
Court of Inquiry, said to have been lately held in Rhode 
Island, with Powers to transmit Persons, accused of Offences 
committed in America, to places beyond the Seas, to be 
tried. 

The said Resolutions, being severally read a second Time, 
were upon the Question severally put thereupon agreed to by 
the House, nemine contradicente. 

Resolved, that the Speaker of this House do transmit to the 
Speakers of the different Assemblys of the British Colonies, on the 
Continent, Copies of the said Resolutions, and desire that they will 
lay them before their respective Assemblies ; and request them to 
appoint some Person or Persons, of their respective Bodies, to 
communicate, from Time to Time, with the said Committee. 

c. Letters received by the Virginia Committee of Corre- 
sponden.ce, 17 7 S 

Journals of the House of Burgesses of Virginia, 177S-1767, 47-50. 



COMMITTEES OF CORRESPONDENCE 393 

(1) Rhode Island. 

New Port, May 15th, 1773. 
SIR: 

I had the Pleasure of receiving your Favour of the 19th of 
March with the Resolves of the House of Burgesses of Virginia ; 
which with the Letter from your Committee of Correspondence 
I laid before the House of Deputies of this Colony at their 
meeting the last Week. 

The House thoroughly convinced that a firm Union of the 
Colonies is absolutely necessary for the Preservation of their 
ancient, legal and constitutional Rights, and that the Measures 
proposed by your House of Burgesses will greatly promote so 
desirable an End, came, Nemine contradicente, into the Resolu- 
tions of which I have the honor now to enclose you a Copy. 

I am desired to inform you that the Committee apointed by 
our House of Deputies, will, as soon as possible, transmit to 
the Committee of Correspondence of Virginia, the best Accounts 
they shall be able to obtain, respecting the Court" of Inquiry 
lately held in this Colony. 

I am with great Respect, your most obedient Servant, 

Metcalf Bowler [Speaker]. 
[The Resolves inclosed, as follows.] 
May 7th 1773. In the House of Deputies. 

Resolved that a standing Committee of Correspondeyice and 
Inquiry be appointed to consist of seven Persons, to ivit the 
honorable Stephen Hopkins, Esquire, Metcalf Boioler, Moses 
Brown, John Cole, William Bradford, Henry Ward, and Henry 
Merchant Esquires, and four of whom to be a Committee, whose 
Business it shall be to obtain the most early and authentick 
Intelligence of all such Acts and Resolutions of the British 
Parliament or Proceedings of Administration as may relate to 
or affect the British Colonies in America, and to keep up and 
maintain a Correspondence with our Sister Colonies respecting 
these important Considerations ; and the Result of such their 
Proceedings from Time to Time to lay before this House. 

Voted Per Order J. Lyndon, Clerk. 



394 PRELIMINARY PERIOD — TO 1774 

The above written is a true Copy of a Vote of the House of 
Deputies of Lower House of Assembly of the Colony of Rhode 
Island. 

May 7th 1773. In the House of Deputies. 
Resolved, that the Sjyeaker of this House be requested to 
write to the Speaker of the House of Burgesses in Virginia, and 
to all other Speakers of Assemblies in North America, inform- 
ing them of the Proceedings of this House relating to the 
Preservation of the Rights of the Colonies. 

Voted Per Order J. Lyndon, Clerk.^ 
* # ^ * * * * 

(2) From a Massachusetts Legislative Committee. 

Province of Massachusetts Bay, June 3d., 1773. 
Sir : 

The very judicious and important Resolves entered into by 
the House of Burgesses of his Majesty's most ancient Colony 
of Virginia on the 12th March last, together with your obliging 
Letter inclosing the same, have been laid before the house of 
Representatives of this Province. 

The Wisdom of the Measures proposed in those Resolves, and 
the great and good Effects that may reasonably be expected to 
flow from them, not only to the Colonies but the Parent State, 
were so obvious, that the House immediately adopted them; 
and appointed a Committee to keep up and maintain a free 
Communication with Virginia and the Rest of the Sister 
Colonies. 

tP TV tT Tp -TV tT ^ 

[Similar replies from other colonies.] 

124. Tea Riots 

From a Philadelphia Handbill to the Delaware Pilots, September, 
1773, given in Scharf and Westcott's History of Philadelphia^ I, 286. 

. . . We need not point out to you the steps you ought to 
take if the tea-ship falls in your way. You cannot be at a loss 



TEA RIOTS 395 

how to prevent, or if that cannot be done, how to give the 
merchants of the city timely notice of her arrival. But this 
you may depend upon, that whatever pilot brings her into the 
river, such pilot will be marked for his treason. . . . Like Cain, 
he will be hung out as a spectacle to the nations, and be for- 
ever recorded as the damned traitorous pilot who brought vp the 
tea-ship. . . . 
(Signed) The Committee for Tarring and Feathering. 

[Another broadside was addressed as a warning to Captain Ayers of 
the expected tea-ship. " What think you, Captain, of a Halter round 
your Neck, ten gaUons of liquid Tar decanted on your Pate, with the 
feathers of a doxen wild Geese lain over that, to enliven your appear- 
ance ?" 

All this activity preceded the Boston " Tea-Party." The Philadelphia 
ship, however, did not arrive until some weeks after she was expected — 
on Christmas Day at Gloucester Point, near the city. The Captain was 
escorted to the city, where a mass meeting of 8000 people persuaded him 
to sail at once for England, without breaking cargo.] 



XXII. KISE OF REVOLUTIONAEY GOVEKNMENTS 

The colonies between 1768 and 1773 had each organized, more or less 
perfectly, local committees — town or county — to enforce non-importa- 
tion agreements, and these committees often acted as "committees of 
correspondence '' to organize the province as a unit for action. Then in 
1773 the Intercolonial Committees (No. 123) gave the germ of a stand- 
ing continental union. 

"The next step toward revolutionary government was to develop 
from the local committees the Provincial Congresses in individual colonies, 
and from the intercolonial committees of the continent a Continental 
Congress. These things developed in the summer and fall of 1774, as the 
result of three events : (i) the attempt of the ministry to force taxed tea 
down the throats of the colonists [see § 121 for colonial resistance]; (2) 
the rather animated protest of the Boston Tea Party; and (3) the 
punishment of Boston by the Port Bill." {American History and Govern- 
ment, § 141. Cf. remainder of the same section for additional explanation.) 

The documents for this period are very numerous, and many of the 
most valuable are not suitable for condensation and are too long for in- 
sertion here. It has seemed well to draw primarily upon one colony ; 
and Virginia has been selected, partly because of her leadership, partly 
because her documents excel in form. 

125. The Virginia Burgesses suggest an Annual Continental Congress 

A detailed account is given in American History and Government, 
§141. 

a. Extract from a Letter hy a Member of the Assembly to 
a London Friend 

Force's American Archives, Fourth Series, I, 340. The Assembly had 
met May 6. Very little business had been transacted when the news of 
the Boston Port Bill arrived ; but Virginia had been in high good humor 
with her governor, and the Burgesses had appointed May 30 for a great 
state ball, in honor of the governor's wife, the Lady Countess of Dumnore, 
just arrived from England. 

396 



VIRGINIA SUGGESTS ANNUAL CONGRESSES 397 

Williamsburg, May 20, 1774. 

Infinite astonishment, and equal resentment, has seized every 
one here on account of the war sent to Boston. It is the univer- 
sal determination to stop the exportation of tobacco, pitch, tar, 
lumber, etc., and to stop all importation from Britain while 
this act of hostility continues. We every day expect an express 
from Boston, and it appears to me incontestabl[y] certain, that 
the above measures will be universally adopted. We see with 
concern, that this plan will be most extensively hurtful to our 
fellow-subjects in Britain; nor would we have adopted it, if 
Heaven had left us any other way to secure our liberty, and pre- 
vent the total ruin of ourselves and our posterity to endless 
ages. A wicked Ministry must answer for all the consequences. 
I hope the wise and good on your side will pity and forgive us. 
The House is now pushing on the public business for which we 
were called here at this time ; but before we depart, our measures 
will be settled and agreed on. The plan proposed is extensive ; 
it is wise, and I hope, under God, it will not fail of success. 
America possesses virtue unknown and unfelt by the abom- 
inable sons of corruption who planned this weak and wicked 
enterprise. 

b. Thomas Jefferson' s Account of the Feeling aroused hy 
JS'ews of the Fort Bill, and of the Action taken Thereon 

Works^ Washington edition, I, 6, 7. The Autobiography in which 
this passage occurs was composed many years after tlie event. 

The lead in the House . . . being no longer left to the 
old members, Mr. Henry, R. H. Lee, Fr. L. Lee, three or four 
other members whom I do not recollect, and myself, agreeing 
that we must boldly take an unequivocal stand in the line with 
Massachusetts, determined to meet and consult on proper meas- 
ures . . . We were under conviction of the necessity of arous- 
ing our people . . . and thought that ... a day of general fast- 
ing and prayer would be most likely to . . . alarm their atten- 
tion. No example of such a solemnity had existed since . . . 



398 REVOLUTIONARY GOVERNMENTS 

our distresses in the war of of ^55, since which a new generation 
had grown up. With the help, therefore, of Rushworth \^His- 
torical Collections], whom we rummaged over for the revolution- 
ary precedents and forms of the Puritans of that day [England, 
in the Seventeenth century], we cooked up a resolution, some- 
what modernizing the phrases, for appointing the first day of 
June, on which the Port Bill was to commence, as a day of fast- 
ing, humiliation, and prayer. ... To give greater emphasis 
to our proposition, we agreed to wait the next morning on Mr. 
Nicholas, whose grave and religious character was more in uni- 
son with the tone of our resolution, and to solicit him to move 
it . . . He moved it the same day . . . and it passed without 
opposition [c, below.] 

c. Resolution of the Burgesses 
Journals of the House of Burgesses^ 1773-1776^ 123-136. 
Tuesday, the 24th of May. 14 Geo. III. 1774. 

This House, being deeply impressed with apprehension of 
the great dangers, to be derived to british America, from the 
hostile Invasion of the City of Boston, in our Sister Colony of 
Massachusetts bay, whose commerce and harbour are, on the 
first Day of June next, to be stopped by an Armed force, deem 
it highly necessary that the said first day of June be set apart, 
by the Members of this House, as a day of Fasting, Humiliation, 
and Prayer, devoutly to implore the divine interposition for 
averting the heavy Calamity which threatens destruction to our 
Civil Rights, and the Evils of civil War ; to give us one heart 
and one Mind firmly to oppose, by all just and proper means, 
every injury to American Rights ; and that the Minds of his 
Majesty and his Parliament, may be inspired from above with 
Wisdom, Moderation, and Justice, to remove from the loyal 
People of America all cause of danger from a continued pursuit 
of Measures pregnant with their ruin. 



VIRGINIA SUGGESTS ANNUAL CONGRESSES 399 



d. Dissolution 

Thursday, the 26th of May. 14 Geo. III. 1774. 

The Order of the Day being read ; 

Mr. Speaker laid before the House the Letters from the 
Speakers of the lower Houses of Assembly of the british 
Colonies in America, with other Papers, upon the subject 
matter, which were referred to the standing Committee of 
Correspondence and Inquiry. 

And the said Letters and Papers were read. 

Resolved, that the said Letters and Papers be taken into 
Consideration upon this Day Sevenight. . . . 

A Message from the Governor by Mr. Blair: 

'' Mr. Speaker : the Governor commands this House to attend 
his Excellency immediately, in the Council Chamber." 

Accordingly Mr. Speaker with the House, went up to attend 
his Excellency in the Council Chamber, where his Excellency 
was pleased to say to them. 

" Mr. Speaker and Gentlemen of the House of Burgesses, 

"I have in my hand a Paper published by Order of your 
House, conceived in such Terms as reflect highly upon his 
Majesty and the Parliament of Great Britain ; which makes 
it necessary for me to dissolve you; and you are dissolved 
accordingly." 

e, Virginia Ex-hurgesses propose an Annual Continen- 
tal Congress 

Journals of the House of Burgesses^ 1773-1776, xiii, xiv. 
This is the first such proposal by any body of men so nearly approach- 
ing a "government." 

. . . an Association signed by eighty nine members of the 
House of Burgesses, in session in the old Raleigh Tavern in 
Williamsburg, on May 27th, 1774-' 

We his Majesty's most dutiful and loyal subjects, the late 



400 REVOLUTIONARY GOVERNMENTS 

representatives of the good people of this country, having 
been deprived by the sudden interposition of the executive 
part of this government from giving our countrymen the 
advice we wished to convey to them in a legislative capacity, 
find ourselves under the hard necessity of adopting this, the 
only method we have left, of pointing out to our countrymen 
such measures as in our opinion are best fitted to secure our 
dearest rights and liberty from destruction, by the heavy 
hand of power now lifted against North America : With much 
grief we find that our dutiful applications to Great Britain 
for security of our ancient and constitutional rights, have 
been not only disregarded, but that a determined system is 
formed and pressed for reducing the inhabitants of British 
America to slavery by subjecting them to the payment 
of taxes imposed without the consent of the people or 
their representatives ; and that in pursuit of this system, 
we find an act of the British parliament, lately passed, for 
stopping the harbour and commerce of the town of Boston, in 
our sister colony of Massachusetts Bay, until the people there 
submit to the payment of such unconstitutional taxes, and 
which act most violently and arbitrarily deprives them of 
their property, in wharfs erected by private persons, at their 
own great and proper expense, which act is, in our opinion, 
a most dangerous attempt to destroy the constitutional liberty 
and rights of all North America. It is further our opinion, 
that as Tea, on its importation into America, is charged with 
a duty imposed by parliament for the purpose of raising a 
revenue, without the consent of the people, it ought not to 
be used by any person who wishes well to the constitutional 
rights and liberty of British America. And whereas the India 
Company have ungenerously attempted the ruin of America 
by sending many ships loaded with tea into the colonies, 
thereby intending to fix a precedent in favor of arbitrary 
taxation, we deem it highly proper, and do accordingly rec- 
ommend it strongly to our countrymen, not to purchase or use 
any kind of East India commodity whatsoever, except salt- 



VIRGINIA SUGGESTS ANNUAL CONGRESSES 401 

petre and spices, until the grievances of America are redressed. 
We are further clearly of opinion, that an attack, made on 
one of our sister colonies to compel submission to arbitrary 
taxes, is an attack made on all British America, and threatens 
ruin to the rights of all, unless the united wisdom of the 
whole be applied. And for this purpose it is recommended to 
the Committee of Correspondence, that they communicate, with 
their several corresponding committees, on the expediency of 
appointing deputies from the several colonies of British America, 
to meet in general congress, at such place annually as shall be 
thought most convenient; there to deliberate on those general 
measures which the united interests of America may from time 
to time require.^ 

/. Letters froii% the Virginia Coinmittee of Correspond- 
ence, according to direction above 

Journals of the House of Burgesses, 1778-1776, 138. 
At a Committee of Correspondence held in Williamsburg on 
Saturday the 28th May, 1774. 

Present 
The honorable Peyton Mandolph, Esquire 
Robert C. Nicholas, Richard Bland, 
Edmund Pendleton, Benjamin Harrison, 
Richard Henry Lee, Dudley Digges 
and Tliomas Jefferson, Esquires. 
Ordered, that Letters be prepared to the several Committees 
of Correspondence requesting their Sentiments on the Appoint- 
ments of Deputies from the several Colonies to meet annually 
in general Congress. ... A Letter was accordingly prepared 
to the Committee of Correspondence for Maryland, which being 
read and approved of the Committee is as follows : 

1 A letter from Richard Henry Lee to Sarauel Warren (June 23) states that 
he had intended to present such a resolution in the Assembly, but, on advice 
of friends, waited for the completion of important business, — and then came 
the dissolution. Washington went from this meeting, over which he had 
presided, to dine with Lord and Lady Dunmore. The tone of Virginia inter- 
course with the governor remains suave for some time. 



402 REVOLUTIONARY GOVERNMENTS 

Williamsburg, May 28th 1774. 
Gentlemen. 

The inclosed Papers will explain to you our present political 
State here, with respect to the unhappy Dispute with our 
Mother Country. The Propriety of appointing Deputies from 
the several Colonies of British America to meet annually in 
general Congress, appears to be a Measure extremely impor- 
tant and extensively useful, as it tends so effectually to obtain 
the united Wisdom of the Whole, in every Case of General 
Concern. We are desired to obtain your Sentiments on this 
Subject which you will be pleased to furnish us with. Being 
very desirous of communicating to you the Opinion and Con- 
duct of the late Representatives on the present Posture of 
American Affairs as quickly as possible we beg Leave to refer 
you to a future Letter on these Subjects. 

We are, with great Respect, 

Your most obedient Servants, 

Peyton Randolph. 

Robert C. Nicholas. 

Dudley Digges. 

To the Committee of Correspondence for Maryland. 

Also Letters of the same Import, to the Committe of Corre- 
spondence for Pennsylvania, New Jersey, Massachuset's Bay, 
Connecticut, New Hampshire, Rhode Island, [Delaware], North 
Carolina, South Carolina, and Georgia. 

Ordered, that the said Letters be sent by this Day's Post. 

[On the arrival of these letters in Maryland, a Baltimore town 
meeting (May 31) called a Provincial Assembly, to appoint 
delegates to the proposed Continental Congress. Other 
counties took like action ; and (June 22, before the time 
set for the Virginia Convention), the Maryland Convention met 
and named representatives. Two days earlier still, action had 
been taken in Rhode Island, after receipt of the Virginia 
suggestion, as appears below.] 



VIRGINIA SUGGESTS ANNUAL CONGRESSES 403 

Answer to Virginia froin the Rhode Island Assembly 
Vwith Appointment of Delegates^ 

Journals of the House of Burgesses, 1773-1776, 152-153. 

New Port June 20. 1774. 
Sir, 

Agreeable to the Directions of the General Assembly I have the 
honor to inclose you a Copy of certain Resolutions entered into by 
them respecting the very alarming Situation of the Colonies. 

I have also to inform you thai upon this Occasion the Assembly 
have adjourned to the fourth Monday in August next. 
I am with very great Regard, 

Sir, your most humble Servant. 

Metcalf Bowler. 

Speaker. 
Resolutions inclosed. 

At the general Assembly of the Governor and Compan}^ of 
the English colony of Rhode Island and Providence Planta- 
tions in New Englayid in America begun and holden by Adjourn- 
ment at Newport within and for the said Colony on the second 
Monday in June in the Year of our LORD one thousand seven 
hundred and seventy four and fourteenth of the Reign of his 
most sacred Majesty George the third by the grace of GOD 
king of Great Britain etc. 

This Assembly taking into the most serious Consideration sev- 
eral Acts of the British Parliament for levying Taxes upon 
his Majesty's Subjects in America without their Consent, and 
particularly an Act lately passed for blocking up the Port of 
Boston, which Act even upon the Supposition that the People 
of Boston had justly deserved Punishment, is scarcely to be 
parallelled in History for the Severity of the Vengeance ex- 
ecuted upon them ; and also considering to what a deplorable 
State this and the other Colonies are reduced, when by an Act 
of Parliament in which the Subjects in America have not 
a single Voice, and without being heard, they may be divested 
of Property and deprived of Liberty, do upon mature Deliber- 
ation, resolve 



404 REVOLUTIONARY GOVERNMENTS 

Tliat it is the Opinion of this Assembly that a firm and 
inviolable Union of all the Colonies in Counsels and Measures 
is absolutely necessary for the preservation of their Rights 
and Liberties ; and that for that purpose, a Convention of the 
Representatives from all the Colonies ought to be holden in 
some suitable Place, as soon as may be, in Order to consult 
upon proper Measures to obtain a Repeal of the said Act, and 
to establish the Rights and Liberties of the Colonies upon a 
just and solid Foundation. 

That the honorable Stephen Hopkins and the honorable Sam- 
uel Ward Esquires be and they are hereby appointed by this 
Assembly to represent the People of this Colony in a general 
Congress of Representatives from the other Colonies at such 
Time and place as shall be agreed upon by the major part of 
the Committees appointed or to be appointed by the Colonies in 
general. 

Tliat they consult and advise with the Representatives of the 
other Colonies who shall meet in such Congress upon a loyal 
and dutiful Petition and Remonstrance to be presented to his 
Majesty as the united Voice of his faithful Subjects in America 
setting forth the grievances they labour under, and praying 
his gracious Interposition for their Relief: And that in Case a 
major part of the Representatives of all the Colonies shall agree 
upon such Petition and Remonstrance they be empowered to 
sign the same on behalf of this Colony. 

That they also consult upon all such reasonable and lawful 
Measures as may be expedient for the Colonies, in an united 
Manner to persue in Order to procure a Redress of their Griev- 
ances, and to ascertain and establish their Rights and Liberties. 

That they also endeavor to Procure a regular annual Conven- 
tion of Representatives from all the Colonies to consider of 
Proper Means for the preservation of the Rights and Liberties 
of the Colonies. . . } 

(Witnessed) Henry Ward, Secfy. 



1 The resohxtions so reported on June 20 to the Virginia committee, had 
been adopted on the 15th. Rhode Island, therefore, was the first colony to ap- 



OTHER CALLS FOR A CONGRESS 405 

126. Another ^-Call" for the Continental Congress 

June 17, 1774, the Massachusetts House of Representatives, under the 
lead of Samuel Adams (and after a carefully planned, secret campaign), 
adopted the following resolutions. 

That a meeting of committees from the several colonies on 
this continent is highly expedient and necessary, to consult 
upon the present state of the colonies, and the miseries to 
which they are and must be reduced by the operation of certain 
acts of Parliament respecting America, and to deliberate and 
determine upon wise and proper measures, to be by them recom- 
mended to all the colonies, for the recovery and establishment 
of their just rights and liberties, civil and religious, and the 
restoration of union and harmony between Great Britain and 
the colonies, most ardently desired by all good men : Therefore, 
resolved, that the Hon. James Bowdoin, Esq., the Hon. 
Thomas Cushing, Esq., Mr. Samuel Adams, John Adams and 
Robert Treat Paine, Esqrs., be, and they are hereby appointed 
a committee on the part of this province, for the purposes 
aforesaid, any three of whom to be a quorum, to meet such 
committees or delegates from the other colonies as have been 
or may be appointed, either by their respective houses of 
burgesses or representatives, or by convention, or by the com- 
mittees of correspondence appointed by the respective houses 
of assembly, in the city of Philadelphia, or any other place that 
shall be judged most suitable by the committee, on the 1st 
day of September next ; and that the speaker of the house be 
directed, in a letter to the speakers of the houses of burgesses 
or representatives in the several colonies, to inform them of 
the substance of these resolves. 

[This is often referred to as " the call " for the Continental Congress. 
It was the first action by a colonial legislature in regular session. It did 
not, however, have "legal" validity under the Charter to which the men 
of Massachusetts constantly appealed. That charter (1691) required the 

point delegates. The resolutions, of course, are given also in the Rhode Island 
Colonial Records. 



406 REVOLUTIONARY GOVERNMENTS 

assent of the upper House and the approval of the governor for every 
resokition and every appointment ; and these elements, of course, were 
lacking. The dramatic story of Sam Adams' plot is well told in many 
places, — notably in Dr. Hosmer's Samuel Adams.^ 

127. A Virginia County Suggests a Continental Congress and a 
General Association 

Force, American Archives, Fourth Series, I, 392-393. 

At a Meeting of the Freeholders and other Inhabitants of 
the County of Frederick, in Virginia . . . the 8th day of June, 
1774 [to consider the Boston Port Bill]. 

The Reverend Charles M. Thurston, Moderator. 

A Committee of the following gentlemen, viz: the Reverend 
Charles M. Thurston, Isaac Zane, George Rootes, Angus 
McDonald, Alexander White, George Johnston, and Samuel 
Beall, 3d, were appointed to draw up Resolves suitable to the 
same occasion, who, withdrawing for a short time, returned 
with the following votes, viz : 

Voted, 1st. That we will always cheerfully pay due sub- 
mission to such Acts of Government as his Majesty has a 
right by law to exercise over his subjects, as Sovereign of the 
British Dominions, and to such only. 

2d. That it is the inherent right of British subjects to be 
governed and taxed by Representatives chosen by themselves 
only; and that every Act of the British Parliament respecting 
the internal policy of North America, is a daring and uncon- 
stitutional invasion of our said rights and privileges. 

od. That the Act of Parliament above mentioned is not only 
in itself repugnant to the fundamental law of natural justice, 
in condemning persons for a supposed crime unheard, but also 
a despotic exertion of unconstitutional power, calculated to enslave 
a free and loyal people. 

4th. That the enforcing the execution of the said Act of Parlia- 
ment by a military power, will have a necessary tendency to raise a 
civil war, thereby dissolving that union which has so long happily sub- 
sisted between the mother country and her Colonies ; . . . 



\riRGINIA'S FIRST PROVINCIAL CONVENTION 407 

5th. It is the unanimous opinion of this meeting, that a 
joint resolution of all the Colonies to stop all importations 
from Great Britain, and exportations to it, till the said Act 
shall be repealed, will prove the salvation of North America 
and her liberties. . . . 

7th. That it is the opinion of this meeting that Committees 
ought to be appointed for the purpose of effecting a general Asso- 
ciation, that the same measures may be pursued through the whole 
Continent. That the Committees ought to correspond with each 
other, and to meet at such places and times as shall be agreed on, in 
order to form such General Association, and that when the same 
shall be formed and agreed on by the several Committees, we will 
strictly adhere thereto ; and till the general sense of the Continent 
shall be known, we do pledge ourselves to each other and our coun- 
try, that we will inviolably adhere to the votes of this day. 

8th. That Charles M. Thurston, Isaac Zane, Angus Mc- 
Donald, Samuel Beall, 3d, Alexander White, and George Eootes, 
be appointed a Committee for the purposes aforesaid ; and that 
they or any three of them, are hereby fully empowered to act. 

Which being read, were unanimously assented to and sub- 
scribed. 

[This meeting makes no reference to the action of the ex-Burgesses at 
Williamsburg some ten days before, but probably it originated from that 
action.] 

128. The First Call for a Provincial Convention (Virginia) 

a. Suggestion from the Eoc- Burgesses {May 30, 177 Jf) 

Force, American Archives, Fourth Series, I, p. 351. 

The ex-Burgesses, many of them, remained in Williamsburg to attend 
the state ball on the 30th and for the day of prayer, June 1 (cf. No. 122 c). 
On the day after the call for a Continental Congress (May 29), letters 
arrived from committees of correspondence in the northern colonies, as 
below noted ; and the following day, twenty -five of the ex-Burgesses called 
a meeting of the whole number for Augijpt 1, as below. That meeting 
was expanded into a true representative convention by modifications in 



408 REVOLUTIONARY GOVERNMENTS 

the plan indicated in 6 and c below. Force does not indicate the source 
of the following statement ; but presumably it was printed by order of 
the meeting in the Williamsburg papers. Such proceedings were ordered 
printed in almost every case by the various county meetings ; but the 
clause referring to printing is usually omitted in these extracts. 

. . . Immediately upon receipt of these letters the Honorable 
Peyton Randolph, Esquire, moderator of the Committee of the 
late House of Representatives, thought it proper to convene all 
the members that were then in town ; who on considering those 
important papers [suggesting the need of uniform action in the 
various colonies], came to a resolution to call together several 
other members near this city, to whom notice could be given. 
[Twenty-five of them met next day, INIonday, May 30, at ten 
o'clock, when] it was unanimously agreed to refer the further 
consideration of this matter to the first day of August next; at 
which time it is expected there will be a very general attend- 
ance of the late members of the House. . . . 

[This notice is referred to in a letter of June 23 by Richard Henry Lee 
to Samuel Adams as follows, after describing the meeting of the ex-Bur- 
gesses on May 27 — No. 125, e. ] . . . " Most of the members, myself among 
the rest, had left Williamsburg before your message from Boston arrived. 
Twenty-five of them, however, were assembled to consider that message, 
and they determined to invite a general meeting of the whole body on the 
first of August." (Force, Fourth Series, I, 440.) 

[Presumably the committee of correspondence sent out a circular letter 
to the various counties. The editor of this volume has not been able 
to find any such letter, but some of the documents just following assume 
such action. After June 1, the remaining ex-Burgesses at Williamsbarg 
departed home, in order to arouse their respective counties to appoint 
delegates for the August convention.] 

h. Smnple Jfotice to a Virginia County hy an Ex-Biirgess 

Force, American Archives^ Fourth Series, I, 418. Thomas Mason 
writes from Williamsburg on June 16, portraying the situation, through 
several pages. Only the close of the letter is given here. 

If the governour should be restrained by the instructions of 
a wicked Minister from relieving the distresses of the Colony 



VIRGINIA'S FIRST PROVINCIAL CONVENTION 409 

by calling an Assembly, immediately, and writs should not be 
issued for that purpose before the 1st day of July, I advise 
the freeholders of each county in the Colony to convene 
themselves and choose two of the most able and discreet of 
their inhabitants to accompany and assist their late Repre- 
sentatives at the meeting at Williamsburg, on the 1st of 
August ; and let the whole Colony unanimously support what- 
ever may be there resolved upon. 

[Lord Duiimore did issue writs that same day for a new Assembly, to 
meet August 11. No doubt he hoped this would induce the Virginia 
counties not to appoint delegates to the meeting called for August 1. 
Such a purpose was suspected and defeated. (See below, § 129, a). 

Some counties sent only their ex-burgesses to the August Convention ; 
some elected new burgesses for the Assembly called for August 11, but 
instructed them to attend the Convention also on the 1st ; and some (as 
Mason suggested) sent not only their "burgesses," but also certain ad- 
ditional deputies.] 

c. Sample Call for a County Meeting to give Instructions 
for the August Convention 

Force, American Archives^ Fourth Series, I, 451, 

At a meeting of the Committee of Correspondeiice for Norfolk 
. . . held at the Court House, on Monday, the 27th day of June, 
177 Jf. Present \^six names']. 

Voted That the Freeholders and Inhabitants of the County 
and Borough of Norfolk be earnestly requested to attend at 
the Court House of the said County on V^ednesday, the 6th 
day of July next, at ten o'clock in the forenoon, that the late 
Burgesses may collect their sentiments previous to the meet- 
ing appointed to be held at Williamsburg, on the 1st day of 
August next. 

William Davis, Clerk. 

As late Burgesses for Norfolk ... we heartily concur . . . 
with the Committee of Correspondence, and propose to attend 
at the time appointed. [Signatures of the ex-burgesses for the 
County.] 



410 REVOLUTIONARY GOVERNMENTS 

[The meeting was held at the appointed time (Force, IV, 1, 518), and 
adopted ten resolutions — directing "our late Burgesses" to attend the 
Williamsburg Convention on August 1 ; to try to secure a " general asso- 
ciation " there for the Colony of Virginia, " against all importations and 
exportations (medicines excepted) to and from Great Britain " ; to try to 
extend such association against every part of the colonies which should re- 
fuse to accept the measure ; and to secure the appointment in each County 
of Virginia of a Committee "of respectable men ... to prevent any 
breach of such . . . Association as may be adopted."] 

129. Typical Virginia County Instructions to Delegates to the 
First Provincial Convention 

Force has preserved records of meetings in thirty-one Virginia counties, 
to appoint and instruct delegates to the Provincial Convention called 
for the 1st of August. Many of these sets of instructions rank as great 
state papers, quite equal in logic, rhetoric, and statesmanship to the docu- 
ments put forth by the Continental Congress three months later at 
Philadelphia. The Fairfax County resolutions, which are given in about 
a third part below, seem to have been in exceptional degree the model 
for the resolutions adopted by the August Convention, which, in turn, 
with the same Fairfax document, must have been before the com- 
mittees of the Continental Congress which drew up the famous documents 
issued by that body. 

Brief extracts from a few other Virginia county resolutions follow 
the main document (a), to show the drift of feeling in certain plain 
matters. When the exact location in Force is omitted, to save space, 
it can readily be found from the index to that work. 

Virginia Counties appoint Delegates to the First Vir- 
ginia Conveivtion 

a. Westmoreland County {Virginia) Resolutions 

Force, American Archives^ Fourth Series, I, 437, 438. 

At a respectable Meeting of the Freeholders and other Inhabit- 
ants of the (youiity of Westmoreland, assembled on due notice, 
at the Court House of the said County, on Wednesday, the 
22d of June, 1774. 

[The Reverend Mr. Thomas Smith, having been appointed 



VIRGINIA'S FIRST PROVINCIAL CONVENTION 411 

Moderator'], Several papers containing the Proceedings of the 
late House of Burgesses of this Colony, and the subsequent 
determinations of the late Representatives after the House was 
dissolved, together with extracts of several Resolves of the 
Provinces of Massachusetts Bay, Maryland, etc., being read, the 
meeting proceeded seriously to consider the present dangerous 
and truly alarming crisis, when ruin is threatened to the ancient 
constitutional rights of North America, and came to the follow- 
ing Resolves : 



7th. This meeting do heartily concur with the late Representa- 
tive body of this country, to disuse tea, and not purchase any other 
commodity of the East Indies, except saltpetre, until the grievances 
of America are redressed. (Cf. No. 125 e, above.) 

8th. We do most heartily concur in these preceding Resolves, 
and will, to the utmost of our power, take care that they are 
carried into execution ; and that we will regard every man as 
infamous who now agree [s] to, and shall hereafter make a breach 
of all or any of them ; subject however to such future altera- 
tions as shall be judged expedient, at a general meeting of 
Deputies from the several parts of this Colony, or a general 
Congress of all the Colonies. 

9th. We do appoint Richard Henry Lee, and Richard Lee, 
Esquires, the late Representatives of this county, to attend the 
general meeting of Deputies from all the counties [August i] ; and 
we desire that they do exert their best abilities to get these, our 
earnest desires for the security of public liberty, assented to. 

loth. And as it may happen that the Assembly now called to 
meet on the nth of August, may be prorogued to a future day, and 
many of the Deputies appointed to meet on the ist of August, 
trusting to the certainty of meeting in Assembly on the nth may 
fail to attend on the first, by which means decisive injury may 
arise to the common cause of liberty, by the general sense of the 
country not being early known at this dangerous crisis of American 
freedom, we do, therefore, direct that our Deputies now chosen fail 



412 REVOLUTIONARY GOVERNMENTS 

not to attend at Williamsburg, on the said ist of August; and it 
is our earnest wish that the Deputies from other counties be 
directed to do the same, for the reasons above assigned. 

[Other counties responded to this wish. Thus, seven days later, a "re- 
spectable meeting of Freeholders and Freemen of the County of Rich- 
mond," called to choose and instruct delegates to the August Convention, 
did so with the following caution : 

******* 

" 8th. This meeting do appoint Robert Wormeley Carter and Francis 
L. Lee, gentlemen, as their Deputies for the purposes afore said ; and 
they do request them that they fail not to attend in Williamsburg on the 
said first day of August, and do not trust to meeting in Assembly on the 
11th ... as it is in the power of Government either to prorogue the Assem- 
bly to a future day, or dissolve the same, — by which means the sense 
of this Colony may not be known." (Force, IV, 1, 492, 493.) ] 

h. Fairfax County {Virginia) Resolutions 
Force, American Archives^ Fourth Series, I, 597-602. 

At a General Meeting of tlie Freeholders and other Inhabit- 
ants of the County of Fairfax, at the Court House in the 
Town of Alexandria, on Monday, the 18th day of July, 1774. 

George Washington, Esquire, Chairman, and 

Robert Harrison, Gentleman, Clerk. 

Resolved, That this Colony and Dominion of Virginia can- 
not be considered as a conquered country, and, if it was, that 
the present inhabitants are the descendants, not of the con- 
quered, but of the conquerors. That the same was not settled 
at the national expense of England, but at the private expense 
of the adventurers, our ancestors . . . [and] that our ances- 
tors . . . brought with them, even if the same had not been con- 
firmed by Charters, the civil Constitution and form of Govern- 
ment of the country they came from, and were by the laws of 
nature and Nations entitled to all its privileges, immunities, and 
advantages, which have descended to us, their posterity . . . 

Resolved, That the most important and valuable part of the 
British Constitution, upon Avhich its very existence depends, 
is the fundamental principle of the people's being governed by 



GEORGE WASHINGTON'S COUNTY 413 

no laws to which they have not given their consent by Repre- 
sentatives freely chosen by themselves, who are affected by the 
laws they enact equally with their constituents, to whom they are 
accountable and whose burthens they share. 

[The colonies " are not, and from their situation, cannot be, 
represented in the British Parliament " ; and therefore " legis- 
lative power here can, of right, be exercised only by our Pro- 
vincial Assemblies, or Parliaments, subject to the assent or 
negative of the British crown . . . " ; but it is recognized as 
reasonable that the British Parliament should, in i^ractice, 
regulate trade " for the general good of that great body politick 
of which we are a part, although in some degree repugnant to 
the principles of the Constitution,"' but only when such power 
is exercised " with wisdom and moderation.'"] 

Resolved f That the claim lately assumed and exercised by 
the British Parliament, for making all such laws as they think 
fit to govern the people of these Colonies, and to extort from 
us our money without our consent, is not only diametrically 
contrary to the first principles of the Constitution and the 
original compacts by which we are dependent upon the British 
Crown and Government, but is totally incompatible with the 
privileges of a free people and the natural rights of mankind, 
will render our own Legislatures merely nominal and nugatory, 
and is calculated to reduce us from a state of freedom and 
happiness to slavery and misery. 

Resolved, That taxation and representation are in their 
nature inseparable ; that the right of withholding, or of giving 
and granting their own money, is the only effectual security 
to a free people against the encroachments of despotism and 
tyranny; and that whenever they yield the one, they must 
quickly fall a prey to the other. 

Resolved, That the powers over the people of America, now 
claimed by the British House of Commons, — in whose election 
we have no share ; in whose determinations we have no influence ; 
whose information must be always defective, and often false ; who 
in many instances may have a separate, and in some an opposite 



414 REVOLUTIONARY GOVERNMENTS 

interest to ours ; and who are removed from those impressions of 
tenderness and compassion, arising from personal intercourse and 
connection, which soften the rigours of the most despotick Govern- 
ment, must, if continued, establish the most grievous and 
intolerable species of tyranny and oppression that ever was 
inflicted upon mankind. 

Resolved, That it is our greatest wish and inclination, as 
well as interest, to continue our connection with, and depend- 
ence upon, the British G-overnment; but though we are its 
subjects, we will use every means which Heaven hath given 
us to prevent our becoming its slaves. 

;it # ^ * * * * 

Resolved, That the several Acts of Parliament for raising a 
revenue upon the people of America without their consent; 
the erecting new and dangerous jurisdictions here [the " special 
commissions "] ; the taking away our trials by jury ; the 
ordering persons, on criminal accusations, to be tried in another 
country than that in which the fact is charged to have been 
committed; the Act inflicting Ministerial vengeance upon the 
town of Boston ; the two Bills lately brought into Parliament 
for abrogating the charter of Massachusetts Bay, and for the 
protection and encouragement of murderers in the said Province,^ 
are part of the above-mentioned iniquitous system . . . 
* 4^ * * * * * 

Resolved, That nothing will so much contribute to defeat 
the pernicious designs of the common enemies of Great Britain 
and her Colonies, as a firm union of the latter, who ought to 
regard every act of violence or oppression inflicted upon any 
one of them, as aimed at all ; and to effect this desirable pur- 
pose, that a Congress should be appointed, to consist of Deputies 
from all the Colonies, to concert a general and uniform plan for 

1 This tinal clause refers to a provision withdrawing from trial in colonial 
courts any servants of the government accused of violence in the performance 
of duty. The list of offending statutes is repeated, somewhat less impressively 
but more specifically, in the Continental Congress's Declaration (130 c). 



GEORGE WASHINGTON'S COUNTY 415 

the defence and preservation of our common rights, and continuing 
the connection and dependence of the said Colonies upon 
Great Britain, under a just, lenient, permanent, and constitu- 
tional form of Government. 



Resolved, That ... all manner of luxury and extravagance 
ought immediately to be laid aside, as totally inconsistent with, 
the threatening and gloomy prospect before us ; that it is the 
indispensable duty of all the gentlemen and men of fortune 
to set examples of temperance, fortitude, frugality, and in- 
dustry . . . [and] that great care and attention should be had 
to the cultivation of flax, cotton, and other materials for manu- 
factures ; and we recommend it to such of the inhabitants as 
have large stocks of sheep, to sell to their neighbors at a 
moderate price, as the most certain means of speedily increasing 
our breed of sheep and quantity of wool.^ 

[Some pages of resolves as to non-importation with much of 
the detail afterward copied by the Continental Congress — 
especially the following provisions: — 

" That the merchants and vendors of goods ought not to take 
advantage of our present distress, but continue to sell the goods 
and merchandise which they now have, or which may be 
shipped to them before the 1st of September next [when non- 
importation was recommended to begin], at the same rates 
and prices they have been accustomed to do within one year 
past; and that if any person shall sell such goods on any 

1 Upon this passage was based the Sixth Article of the Virginia Associa- 
tion, recommended August 1, by the Convention as follows : — 

"6th. We will endeavor to improve our breed of sheep, and increase their 
number to the utmost extent; and to this end, we will be as sparing as we 
conveniently can, in killing sheep, especially those of the most profitable 
kind; and if we should at any time be overstocked, or can conveniently 
spare any, we will dispose of them to our neighbors, especially the poorer 
sort of people, on moderate terms." 

In time, this passage was copied even more closely in the Association of 
the Continental Congress at Philadelphia (No. 130 d) . 



416 REVOLUTIONARY GOVERNMENTS 

other terms . . . that no inhabitant of this colony should, at 
any time forever thereafter, deal with him, his agent, factor, 
or storekeeper, for any commodity whatsoever "; with provisions 
for depositing goods of later shippings with the committees of 
their counties, i.e., as adopted by the Continental Congress ; 
resolutions against importing slaves, and against exporting 
lumber to the West Indies, and, after November 1, 1775 
(unless redress of grievances should come), against all exports 
to Great Britain. " And ... as the people will thereby be 
disabled from paying their debts, that no judgments should be 
rendered by the Courts . . . for any debt, after im formation 
of the said measures being determined upon." ] 



Resolved, That George Washington, Esquire, and Charles Broad- 
water, Gentleman, lately elected our Representatives to serve in the 
General Assembly, attend the Convention at Williamsburg, on the 
first day of August next, and present these Resolves as the sense of 
the people of this county upon measures proper to be taken in the 
present alarming and dangerous situation of America. 

Resolved, That George Washington Esquire, [and 24 others] be a 
Committee for this county ; that they, or a majority of them, on any 
emergency, have power to call a general meeting, and to concert and 
adopt such measures as may be thought most expedient and necessary. 

Resolved, That a copy of these Proceedings be transmitted to the 
Printer at Williamsburg, to be published. 

[It is possible to find in these instructions by Fairfax County to its 
delegates to Williamsburg almost every provision of the " Associa- 
tion" adopted three months later by the Continental Congress at 
Philadelphia. For a very large part of the two documents, the 
language is almost identical. Much alike as many such papers of 
the time were, it is impossible to read these two together without 
being convinced that the committee which framed the Association at 
Philadelphia had a copy of the Fairfax instructions before them.] 

c. Jfansejnond County (July 11) 

[10] Resolved that every kind of luxury, dissipation, and ex- 
travagance, ought to be banished from amongst us. . . . 



VIRGINIA COUNTY MEETINGS 417 

[12] Resolved That the African [Negro] trade is injurious to 
this Colony, obstructs the population of it by freemen, prevents 
manufactures and useful emigrants from Europe from settling 
amongst us and occasions an annual increase of the balance of 
trade against the colony.^ 

[14] Resolved that to be clothed in manufactures fabricated 
in this Colony ought to be considered as a badge and distinc- 
tion of respect and true patriotism. 

d. York Coitnty (July 18) 

[Instructions to delegates for the August Convention, after 
urging appointment of Virginia delegates to a "General Congress 
of America," continue : — ] 

" That these Representatives be instructed to form a Dec- 
laration of American Rights [a page of suggestions follows]. 

[That imports be stopped at once, and that exports be regu- 
lated by the General Congress when it comes.] 

" That industry and frugality be adopted, in their largest extent, 
throughout this Colony ; and that horse-racing, and every species 
of expensive amusement, be laid aside, as unsuitable to the situa- 
tion of the country, and unbecoming men who feel for its distress." 

e. Middlesejc Coitnty {July 15) 
[This county alone takes a royalist tone.] 

Besolved, That we do not approve of the conduct of the people of Bos- 
ton in destroying the tea . . . and notwithstanding the tax on tea must 
be esteemed a violent infringement of one of the fundamental privileges . . . 
yet we apprehend violence cannot justify violence. ... A desistance from 
the consumption of tea, and a confidence in the virtue of our countrymen, 
whose sense of the spirit of the law will no doubt induce a total disuse of 
it, are much more eligible means, and more probably will work a repeal 
of the Act, than disorders, outrages, and tumults. 

1 This resolution is found in identical words in the resolutions of Caro- 
line County (Virginia) , July 14, 1774 ; and the sentiment, in more varied forms, 
appears often in the county meetings. Thus Hanover (Patrick Henry's 
county) declared : " The African trade for slaves we consider most dangerous 
to virtue and the welfare of this country. We therefore most earnestly wish 
to see it totally discouraged." 



418 REVOLUTIONARY GOVERNMENTS 

130. The First Continental Congress 

a. Method of Voting, etc. 
John Adams' "Diary" {Works, II, 365 ff.). 

[Sept.] 5. Monday. At ten the delegates all met at the City 
Tavern, and walked to the Carpenters' Hall, where they took a 
view of the room, and of the chamber where is an excellent li- 
brary ; there is also a long entry where gentlemen may walk, and 
a convenient chamber opposite to the library. The general cry 
was, that this was a good room, and the question was put, 
whether we were satisfied with this room ? and it passed in the 
affirmative. A very few were for the negative, and they were 
chiefly from Pennsylvania and New York. Then Mr. Lynch 
arose, and said there was a gentleman present who had pre- 
sided with great dignity over a very respectable society, greatly 
to the advantage of America, and he therefore proposed that 
the Honorable Peyton Randolph, Esquire, one of the delegates 
from Virginia, and the late Speaker of their House of Bur- 
gesses, should be appointed Chairman, and he doubted not it 
would be unanimous. 

The question was put, and he was unanimously chosen. 

Mr. Randolph then took the chair, and the commissions of 
the delegates were all produced and read. 

Then Mr. Lynch proposed that Mr. Charles Thomson, a gentle- 
man of family, fortune, and character in this city, should be 
appointed Secretary, which was accordingly done without op- 
position, though Mr. Duane and Mr. Jay discovered at first an 
inclination to seek further. 

Mr. Duane then moved that a committee should be appointed 
to prepare regulations for this Congress. Several gentle- 
men objected. 

I then arose and asked leave of the President to request of 
the gentleman from New York an explanation, and that he 
would point out some particular regulations which he had in his 
mind. He mentioned particularly the method of voting. 



THE FIRST CONTINENTAL CONGRESS 419 

whether it should be by Colonies, or by the poll, or by in- 
terests. 

Mr. Henry then rose, and said this was the first General 
Congress which had ever happened ; that no former Congress 
could be a precedent ; that we should have occasion for more 
general congresses, and therefore that a precedent ought to be 
established now ; that it would be great injustice if a little 
Colony should have the same weight in the councils of America 
as a great one, and therefore he was for a committee. 

Major Sullivan [from New Hampshire] observed that a little 
Colony had its all at stake as well as a great one. . . . 

Mr. Henry. Government is dissolved. Fleets and armies 
and the present state of things show that government is dis- 
solved. Where are your landmarks, your boundaries of Col- 
onies ? We are in a state of nature, sir. . . . 

The distinctions between Virginians, Pennsylvanians, New 
Yorkers, and New Englanders, are no more. I am not a Vir- 
ginian, but an American. 

Slaves are to be thrown out of the question, and if the free- 
men can be represented according to their numbers, I am 
satisfied. 

Mr. Lynch. I differ in one point from the gentleman from 
Virginia, that is, in thinking that numbers only ought to 
determine the weight of Colonies. I think that property ought 
to be considered, and that it ought to be a compound of num- 
bers and property that should determine the weight of the 
Colonies. ^ 

I think it cannot be now settled. 

* * # ^ :)t * # 

Mr. Lee. But one reason . . prevails with me [for favoring 
one vote to each colony] . . . that we are not at this time pro- 
vided with proper materials [to assign proper proportions] . . . 

Mr. Gadsen. I can't see any way of voting but by Colonies. 

1 Mr. Lyuch was from South Carolina. This position here taken as to 
" numbers and property " was taken thirteen years later by South Carolina 
delegates in the Convention which framed our present Constitution. 



420 REVOLUTIONARY GOVERNMENTS 

Mr. Pendleton. If the committee should find themselves 
unable to ascertain the weight of the Colonies, by their num- 
bers and property, they will report this, and this will lay the 
foundation for the Congress to take some other steps to pro- 
cure evidence of numbers and property at some future time. 

Mr. Henry. I agree that authentic accounts cannot be had, 
if by authenticity is meant attestations of officers of the 
Crown. 

I go upon the supposition that government is at an end. 
All distinctions are thrown down. All America is thrown 
into one mass. We must aim at the minutiae of rectitude. 
^ * ^ ^ * * ^ 

The argument that the delegates lacked information (such as a census 
would have provided) to arrange a proper apportionment of votes to 
different colonies prevailed. October 10, the Connecticut delegates 
wrote to the governor of their colony : " The mode of voting . . . was 
first resolved upon ; which was that each colony should have one voice ; 
but, as this was objected to as unequal, an entry was made in the journals 
to prevent its being drav/n into precedent in future. " 

h. John Adams' Impressions toward the Close 

Diary ^ as above. 

[Oct.] 10. Monday. The deliberations of the Congress are 
spun out to an immeasurable length. There is so much wit, 
sense, learning, acuteness, subtlety, eloquence, etc., among fifty 
gentlemen, each of whom has been habituated to lead and guide 
in his own Province, that an immensity of time is spent un- 
necessarily. 

* * *^ * =* # :* 

24. Monday. In Congress, nibbling and quibbling as usual. 
There is no greater mortification than to sit with half a dozen 
wits, deliberating upon a petition, address, or memorial. These 
great wits, these subtle critics, these refined geniuses, these 
learned lawyers, these wise statesmen, are so fond of showing 
their parts and powers, as to make their consultations very 
tedious. Young Ned Rutledge is a perfect Bob-o-Lincoln, — 



THE FIRST CONTINENTAL CONGRESS 421 

a swallow, a sparrow, a peacock ; excessively vain, excessively 
weak, and excessively variable and unsteady; jejune, inane, 
and puerile. Mr. Dickinson is very modest, delicate, and timid. 
Spent the evening at home. Colonel Dyer, Judge Sherman, 
and Colonel Floyd came in, and spent the evening with Mr. 
[Samuel] Adams and me. Mr. Mifflin and General Lee came in. 
Lee's head is running upon his new plan of a battalion. . . . 

26. Wednesday. Dined at home. This day the Congress 
finished. Spent the evening together at the City Tavern ; all 
the Congress, and several gentlemen of the town. . . . 

28. Friday. Took our departure, in a very great rain, from 
the happy, the peaceful, the elegant, the hospitable, and polite 
city of Philadelphia. It is not very likely that I shall ever see 
this part of the world again, but I shall ever retain a most 
grateful, pleasing sense of the many civilities I have received 
in it, and shall think myself happy to have an opportunity of 
returning them. 

[Delegates from eleven colonies to the First Continental Congress as- 
sembled at Philadelphia, September 5, 1774. Delegates from North Caro- 
lina appeared on the 14th. Georgia was not represented. For elections 
and credentials, of. American History and Government^ § 141.] 

c. Declaration of Rights 

Journals of the Continental Congress (Ford edition), 1, 63ff. A com- 
mittee, appointed on September 7, reported on the 22d. The report was 
taken up October 12, and adopted October 14. 

Whereas, since the close of the last war, the British parlia- 
ment, claiming a power, of right, to bind the people of America 
by statutes in all cases whatsoever, hath, in some acts, expressly 
imposed taxes on them, and in others, under various pretences, 
but in fact for the purpose of raising a revenue, hath imposed 
rates and duties payable in these colonies, established a board of 
commissioners, with unconstitutional powers, and extended the 
jurisdiction of courts of admiralty, not only for collecting the said 
duties, but for the trial of causes merely arising within the body 
of a county. 



422 REVOLUTIONARY GOVERNMENTS 

And whereas, in consequence of other statutes, judges, who 
before held only estates at will in their offices, have been made 
dependant on the crown alone for their salaries, and standing 
armies kept in times of peace : And whereas it has lately been 
resolved in parliament, that by force of a statute, made in the 
thirty-fifth year of the reign of King Henry the Eighth, colonists 
may be transported to England, and tried there upon accusations 
for treasons and misprisions, or concealments of treasons com- 
mitted in the colonies, and by a late statute, such trials have been 
directed in cases therein mentioned : 

And whereas, in the last session of parliament, three statutes 
were made ; one entitled, " An act to discontinue, in such manner 
and for such time as are therein mentioned, the landing and dis- 
charging, lading, or shipping of goods, wares and merchandize, 
at the town, and within the harbour of Boston, in the province 
of Massachusetts-Bay in North-America; " another entitled, " An 
act for the better regulating the government of the province of 
Massachusetts-Bay in New England ; " and another entitled, "An 
act for the impartial administration of justice, in the cases of 
persons questioned for any act done by them in the execution of 
the law, or for the suppression of riots and tumults, in the prov- 
ince of the Massachusetts-Bay in New England ; " and another 
statute was then made, " for making more effectual provision 
for the government of the province of Quebec, etc." All which 
statutes are impolitic, unjust, and cruel, as well as unconstitu- 
tional, and most dangerous and destructive of American rights : 

And whereas, assemblies have been frequently dissolved, 
contrary to the rights of the people, when they attempted to 
deliberate on grievances ; and their dutiful, humble, loyal, and 
reasonable petitions to the crown for redress, have been re- 
peatedly treated with contempt, by his Majesty's ministers of 
state : 

The good people of the several colonies of New-Hampshire, 
Massachusetts-Bay, Rhode-Island and Providence Plantations, 
Connecticut, New-York, New-Jersey, Pennsylvania, Newcastle, 
Kent, and Sussex on Delaware, Maryland, Virginia, North- 



THE FIRST CONTINENTAL CONGRESS 423 

Carolina, and South-Carolina, justly alarmed at these arbitrary- 
proceedings of parliament and administration, have severally 
elected, constituted, and appointed deputies to meet, and sit in 
general Congress, in the city of Philadelphia, in order to obtain 
such establishment, as that their religion, laws, and liberties, 
may not be subverted : Whereupon the deputies so appointed 
being now assembled, in a full and free representation of these 
colonies, taking into their most serious consideration, the best 
means of attaining the ends aforesaid, do, in the first place, as 
Englishmen, their ancestors in like cases have usually done, for 
asserting and vindicating their rights and liberties, DECLARE, 

That the inhabitants of the English colonies in North-Amer- 
ica, by the immutable laws of nature, the principles of the 
English constitution, and the several charters or compacts, 
have the following RIGHTS : 

Resolved, N. G. D. 1. That they are entitled to life, liberty 
and property : and the}^ have never ceded to any foreign power 
whatever, a right to dispose of either without their consent. 

Resolved, N. G. D. 2. That our ancestors, who first settled 
these colonies, were at the time of their emigration from the 
mother country, entitled to all the rights, liberties, and immu- 
nities of free and natural-born subjects, within the realm, of 
England. 

Resolved, N. G. D. 3. That by such emigration they by no 
means forfeited, surrendered, or lost any of those rights, but 
that they were, and their descendants now are, entitled to the 
exercise and enjoyment of all such of them, as their local and 
other circumstances enable them to exercise and enjoy. 

Resolved, 4. That the foundation of English liberty, and of 
all free government, is a right in the people to participate in 
their legislative council : and as the English colonists are not 
represented, and from their local and other circumstances, can- 
not properly be represented in the British parliament, they aje 
entitled to a free and exclusive power of legislation in their 
several provincial legislatures, where their right of represen- 
tation can alone be preserved, in all cases of taxation and in- 



424 REVOLUTIONARY GOVERNMENTS 

ternal polity, subject only to the negative of tlieir sovereign, 
in such manner as has been heretofore used and accustomed : 
But, from the necessity of the case, and a regard to the mutual 
interest of both countries, we cheerfully consent to the operation 
of such acts of the British parliament, as are, bona fide, re- 
strained to the regulation of our external commerce, for the 
purpose of securing the commercial advantages of the whole 
empire to the mother country, and the commercial benefits of 
its respective members ; excluding every idea of taxation 
internal or external, for raising a revenue on the subjects, in 
America, without their consent. 

Resolved, N. C. D. 5. That the respective colonies are en- 
titled to the common law of England, and more especially to 
the great and inestimable privilege of being tried by their peers 
of the vicinage, according to the course of that law. 

Resolved, 6. That they are entitled to the benefit of such of 
the English statutes, as existed at the time of their colonization ; 
and which they have, by experience, respectively found to be 
applicable to their several local and other circumstances. 

Resolved, N. C. D. 7. That these, his majesty's colonies, 
are likewise entitled to all the immunities and privileges granted 
and confirmed to them by royal charters, or secured by their 
several codes of provincial laws. 

Resolved, N. C. D. 8. That they have a right peaceably to 
assemble, consider of their grievances, and petition the king ; 
and that all prosecutions, prohibitory proclamations, and com- 
mitments for the same, are illegal. 

Resolved, N. C. D. 9. That the keeping a standing army 
in these colonies, in times of peace, without the consent of the 
legislature of that colony, in which such army is kept, is against 
law. 

Resolved, N. C. D. 10. It is indispensably necessary to good 
government, and rendered essential by the English constitution, 
that the constituent branches of the legislature be independent 
of each other ; that, therefore, the exercise of legislative power 
in several colonies by a council appointed, during pleasure, by 



THE FIRST CONTINENTAL CONGRESS 425 

the crown, is unconstitutional, dangerous and destructive to 
the freedom of American legislation. 

All and each of which the aforesaid deputies, in behalf of them- 
selves, and their constituents, do claim, demand, and insist on, 
as their indubitable rights and liberties ; which cannot be le- 
gally taken from them, altered or abridged by any power what- 
ever, without their own consent, by their representatives in their 
several provincial legislatures. 

In the course of our inquiry, we find many infringements 
and violations of the foregoing rights, which, from an ardent 
desire that harmony and mutual intercourse of affection and 
interest may be restored, we pass over for the present, and pro- 
ceed to state such acts and measures as have been adopted since 
the last war, which demonstrate a system formed to enslave 
America. 

Resolved, N. C. D. That the following acts of parliament are 
infringements and violations of the rights of the colonists ; and 
that the repeal of them is essentially necessary, in order to re- 
store harmony between Great-Britain and the American colo- 
nies, viz. 

The several acts of 4 Geo. III. ch. 15. and ch. 34. — 5 Geo. 
III. ch. 25. — 6 Geo. III. ch. 52. — 7 Geo. III. ch. 41. and ch. 
46. — 8 Geo. III. ch. 22. which impose duties for the purpose 
of raising a revenue in America, extend the power of the ad- 
miralty courts beyond their ancient limits, deprive the Amer- 
ican subject of trial by jury, authorise the judges certificate to 
indemnify the prosecutor from damages, that he might other- 
wise be liable to, requiring oppressive security from a claimant 
of ships and goods seized, before he shall be allowed to defend 
his property, are subversive of American rights. 

Also 12 Geo. III. ch. 24. intituled, " An act for the better se- 
curing his majesty's dockyards, magazines, ships, ammunition, 
and stores, " which declares a new offence in America, and de- 
prives the American subject of a constitutional trial by jury 
of the vicinage, by authorising the trial of any person, charged 
with the committing any offence described in the said act, out 



426 REVOLUTIONARY GOVERNMENTS 

of the realm, to be indicted and tried for the same in any shire 
or county within the realm. 

Also the three acts passed in the last session of parliament, 
for stopping the port and blocking up the harbour of Boston, 
for altering the charter and government of Massachusetts-Bay, 
and that which is entitled, " An act for the better administra- 
tion of justice, etc. " 

Also the act passed in the same session for establishing the 
Roman Catholic religion, in the province of Quebec, abolishing, 
the equitable system of English laws, and erecting a tyranny 
there, to the great danger, (from so total a dissimilarity of re- 
ligion, law and government) of the neighbouring British colonies, 
by the assistance of whose blood and treasure the said country 
was conquered from France. 

Also the act passed in the same session, for tlie better pro- 
viding suitable quarters for officers and soldiers in his majesty's 
service, in North-America. 

Also, that the keeping a standing army in several of these 
colonies, in time of peace, without the consent of the legislature 
of that colony in which such army is kept, is against law. 

To these grievous acts and measures, Americans cannot sub- 
mit, but in hopes their fellow subjects in Great-Britain will, by 
a revision of them, restore us to that state, in which both coun- 
tries found happiness and prosperity, we have for the present, 
only resolved to pursue the following peaceable measures : 1. 
To enter into a non-importation, non-consumption, and non-ex- 
portation agreement or association. 2. To prepare an address 
to the people of Great-Britain, and a memorial to the inhabit- 
ants of British America : and 3. To prepare a loyal address to 
his majesty, agreeable to resolutions already entered into. 

[This "Declaration" confines itself almost wholly, it will be observed, 
to " concrete " English rights, whicli had been infringed by recent acts 
of government. There is little suggestion of the more general principles 
soon to appear, first in the Virginia bill of rights and then in the Declara- 
tion of Independence. Advanced students will find in John Adams' Works 
(II, 373 ff. ) an autobiographical extract, composed in I8O4, giving Adams' 
recollections of the drawing up of the Declaration.] 



THE FIRST CONTINENTAL CONGRESS 427 

d. The Association 

(October 20, 1774) 

Journals of Congress (Ford edition), I, 75 ff. For conflict between 
this plan and Galloway's moderate proposal, cf. American History and 
Government, 141. The wording of much of the plan, and the eflficient ma- 
chinery for putting it in operation (Eleventh Article) , were common property 
by this time. In particular, cf . No. 129 &, above, and comment at close. 

WE, his majesty's most loyal subjects, the delegates of the 
several colonies of New-Hampshire, Massachusetts-Bay, Rhode- 
Island, Connecticut, New- York, New-Jersey, Pennsylvania, 
the three lower counties of Newcastle, Kent and Sussex on 
Delaware,^ Maryland, Virginia, North-Carolina, and South- 
Carolina, deputed to represent them in a continental Congress, 
held in the city of Philadelphia, on the fifth day of September, 
1774, avowing our allegiance to his majesty, our affection and 
regard for our fellow-subjects in Great Britain and elsewhere, 
affected with the deepest anxiety, and most alarming appre- 
hensions, at those grievances and distresses with which his 
majesty's American subjects are oppressed ; and having taken 
under our most serious deliberation the state of the whole 
continent, find, that the present unhappy situation of our 
affairs is occasioned by a ruinous system of colony administra- 
tion, adopted by the British ministry about the year 1763, 
evidently calculated for inslaving these colonies, and, with 
them, the British Empire. In prosecution of which system, 
various acts of parliament have been passed, for raising a 
revenue in America, for depriving the American subjects, in 
many instances, of the constitutional trial by jury, exposing 
their lives to danger, by directing a new and illegal trial be- 
yond the seas, for crimes alleged to have been committed in 
America : And in prosecution of the same system, several late, 
cruel, and oppressive acts have been passed, respecting the 
town of Boston and the Massachusetts-Bay, and also an act 

iThis was the " style " of the three " couuties " soon to form the state of 
Delaware. 



428 REVOLUTIONARY GOVERNMENTS 

for extending tlie province of Quebec, so as to border on the 
western frontiers of these colonies, establishing an arbitrary 
government therein, and discouraging the settlement of British 
subjects in that wide extended country ; thus, by the influence 
of civil principles and ancient prejudices, to dispose the in- 
habitants to act with hostility against the free Protestant 
colonies, whenever a wicked ministry shall chuse so to direct 
them. 

To obtain redress of these grievances, which threaten de- 
struction to the lives, liberty, and property of his majesty's 
subjects, in North-America, we are of opinion, that a non- 
importation, non-consumption, and non-exportation agreement, 
faithfully adhered to, will prove the most speedy, effectual, 
and peaceable measure : And, therefore, we do, for ourselves, 
and the inhabitants of the several colonies, whom we represent, 
firmly agree and associate, under the sacred ties of virtue, 
honour and love of our country, as follows : 

First, That from and after the first day of December next, 
we will not import, into British America, from Great-Britain 
or Ireland, any goods, wares, or merchandize whatsoever, or 
from any other place, any such goods, wares, or merchandize, 
as shall have been exported from Great-Britain or Ireland ; 
nor will we, after that day, import any East-India tea from 
any part of the world ; nor any molasses, syrups, paneles, 
coffee, or pimento, from the British plantations or from 
Dominica ; nor wines from Madeira, or the Western Islands ; 
nor foreign indigo. 

Second, We will neither import nor purchase, any slave 
imported after the first day of December next; after which 
time, we will wholly discontinue the slave trade, and will 
neither be concerned in it ourselves, nor will we hire our 
vessels, nor sell our commodities or manufactures to those 
who are concerned in it. 

Third, As a non-consumption agreement, strictly adhered to, 
will be an effectual security for the observation of the non- 
importation, we, as above, solemnly agree and associate, that 



THE FIRST CONTINENTAL CONGRESS 429 

from this day, we will not purchase or use any tea, imported on 
account of the East-India company, or any on which a duty 
hath been or shall be paid; and from and after the first day 
of March next, we will not purchase or use any East-India 
tea whatever ; nor will we, nor shall any person for or under 
us, purchase or use any of those goods, wares, or merchan- 
dize, we have agreed not to import, which we shall know, or 
have cause to suspect, were imported after the first day of 
December, except such as come under the rules and directions 
of the tenth article hereafter mentioned. 

Fourth, The earnest desire we have not to injure our fellow- 
subjects in Great-Britain, Ireland, or the West-Indies, induces 
us to suspend a non-exportation, until the tenth day of Sep- 
tember, 1775 ; at which time, if the said acts and parts of acts 
of the British parliament herein after mentioned, are not 
repealed, we will not directly or indirectly, export any mer- 
chandize or commodity whatsoever to Great-Britain, Ireland, 
or the West-Indies, except rice to Europe. 

Fifth, Such as are merchants, and use the British and Irish 
trade, will give orders, as soon as possible, to their factors, 
agents and correspondents, in Great-Britain and Ireland, not 
to ship any goods to them, on any pretence whatsoever, as 
they cannot be received in America; and if any merchant, 
residing in Great-Britain or Ireland, shall directly or indirectly 
ship any goods, wares or merchandize, for America, in order 
to break the said non-importation agreement, or in any manner 
contravene the same, on such unworthy conduct being well 
attested, it ought to be made public; and, on the same being 
so done, we will not, from thenceforth, have any commercial 
connexion with such merchant. 

Sixth, That such as are owners of vessels will give positive 
orders to their captains, or masters, not to receive on board 
their vessels any goods prohibited by the said non-importation 
agreement, on pain of immediate dismission from their service. 

Seventh, We will use our utmost endeavours to improve the 
breed of sheep, and increase their number to the greatest 



430 REVOLUTIONARY GOVERNMENTS 

extent ; and to that end, we will kill them as seldom as may be, 
especially those of the most profitable kind; nor will we 
export any to the West-Indies or elsewhere; and those of us, 
who are or may become overstocked with, or can conveniently 
spare any sheep, will dispose of them to our neighbours, 
especially to the poorer sort, on moderate terms. 

Eighth, We will, in our several stations, encourage frugality, 
oeconomy, and industry, and promote agriculture, arts and the 
manufactures of this country, especially that of wool ; and 
will discountenance and discourage every species of extrava- 
gance and dissipation, especially all horse-racing, and all kinds 
of gaming, cock fighting, exhibitions of shews, plays, and 
other expensive diversions and entertainments ; and on the 
death of any relation or friend, none of us, or any of our 
families, will go into any further mourning-dress than a black 
crape or ribbon on the arin or hat, for gentlemen, and a black 
ribbon and necklace for ladies, and we will discontinue the 
giving of gloves and scarves at funerals. 

Ninth, Such as are venders of goods or merchandize will 
not take advantage of the scarcity of goods that may be 
occasioned by this association, but will sell the same at the 
rates we have been respectively accustomed to do, for twelve 
months last past. — And if any vender of goods or merchan- 
dize shall sell such goods on higher terms, or shall, in any 
manner, or by any device whatsoever, violate or depart from 
this agreement, no person ought, nor will any of us deal with 
any such person, or his or her factor or agent, at any time 
thereafter, for any commodity whatever. 

Tenth, In case any merchant, trader, or other person, shall 
import any goods or merchandize, after the first day of Decem- 
ber, and before the first day of February next, the same ought 
forthwith, at the election of the owner, to be either re-shipped 
or delivered up to the committee of the county or town, 
wherein they shall be imported, to be stored at the risque of 
the importer, until the non-importation agreement shall cease, 
or be sold under the direction of the committee aforesaid: 



THE FIRST CONTINENTAL CONGRESS 431 

and in the last-mentioned case, the owner or owners of such 
goods shall be reimbursed out of the sales, the first cost and 
charges, the profit, if any, to be applied towards relieving and 
employing such poor inhabitants of the town of Boston, as are 
immediate sufferers by the Boston port-bill ; and a particular 
account of all goods so returned, stored, or sold, to be inserted 
in the public papers ; and if any goods or merchandizes shall 
be imported after the said first day of February, the same 
ought forthwith to be sent back again, without breaking any 
of the i)ackages thereof. 

Eleventh, That a committee be chosen in every county, city, 
and town, by those who are qualified to vote for representa- 
tives in the legislature, whose business it shall be attentively 
to observe the conduct of all persons touching this association ; 
and when it shall be made to appear, to the satisfaction of a 
majority of any such committee, that any person within the 
limits of their appointment has violated this association, that 
such majority do forthwith cause the truth of the case to be pub- 
lished in the gazette ; to the end, that all such foes to the rights 
of British-America may be publicly known, and universally 
contemned as the enemies of American liberty ; and thenceforth 
we respectively will break off all dealings with him or her. 

Twelfth, That the committee of correspondence, in the 
respective colonies, do frequently inspect the entries of their 
custom-houses, and inform each other, from time to time, of the 
true state thereof, and of every other material circumstance 
that may occur relative to this association. 

Thirteenth, That all manufactures of this country be sold at 
reasonable prices, so that no undue advantage be taken of a 
future scarcity of goods. 

Fourteenth, And we do further agree and resolve, that we 
will have no trade, commerce, dealings or intercourse whatso- 
ever, with any colony or province, in North-America, which 
shall not accede to, or which shall hereafter violate this asso- 
ciation, but will hold them as unworthy of the rights of free- 
men, and as inimical to the liberties of their country. 



432 REVOLUTIONARY GOVERNMENTS 

And we do solemnly bind ourselves and our constituents, 
under the ties aforesaid, to adhere to this association, until 
such parts of the several acts of parliament, passed since the 
close of the last war, as impose or continue duties on tea, wine, 
molasses, syrups, paneles, coffee, sugar, pimento, indigo, for- 
eign paper, glass, and painters colours, imported into America, 
and extend the powers of the admiralty courts beyond their 
ancient limits, deprive the American subject of trial by 
jury, authorise the judge's certificate to indemnify the prose- 
cutor from damages, that he might otherwise be liable to, 
from a trial by his peers, require oppressive security from a 
claimant of ships or goods seized, before he shall be allowed 
to defend his property, are repealed. — And until that part of 
the act of the 12. G. 3. ch. 24. entitled, " An act for the better 
securing his majesty's dock-yards, magazines, ships, ammuni- 
tion, and stores," by which any persons charged with commit- 
ting any of the offences therein described, in America, may be 
tried in any shire or county within the realm, is repealed — 
and until the four acts, passed the last session of parliament, 
viz. that for stopping the port and blocking up the harbour 
of Boston — that for altering the charter and government of 
the Massachusetts-Bay — and that which is entitled, "An act 
for the better administration of justice, etc." — and that "For 
extending the limits of Quebec, etc." are repealed. And we 
recommend it to the provincial conventions, and to the com- 
mittees in the respective colonies, to establish such farther 
regulations as they may think proper, for carrying into execu- 
tion this association. 

131. Prince William County (Virginia) Committee, Approval of 
the Association 

Force, Amerncan Archives, Fourth Series, I, 1034. 

In consequence of the eleventh Resolution of the Continental 
Congress, the Freeholders of the County of Prince William, be- 
ing convened at the house of William Keno on Monday, the 



CONVENTIONS BECOME GOVERNMENTS 433 

9th day of December, 1774, proceeded to elect the following 
gentlemen as a Committee for the said County: [25 names]. 

[Notice of the organization of the Committee by election of its 
chairman and clerk — and then a series of six resolutions 
adopted by it. Four of them are given below.] 

Resolved, That the thanks of the Committee are due to the 
Deputies of this Colony, for their wise, firm, and patriotick 
conduct in the late Continental Congress. 

Resolved, That whenever there appears . . . cause to suspect 
that any Merchant ... of this County has violated the 
Association ... by raising the price of his Goods, such 
Trader be called upon to show his day-books and invoices, to 
clear up such suspicion ; and that, in case of refusal, he be 
deemed guilty . . . and subject to the penalties in such case 
provided. . . . 

Resolved, That all publick Balls and Entertainments be 
discountenanced in this county from this time, as contrary to 
the sentiments of the Continental Congress. . . . 

Resolved, That no person in this County ought to purchase 
more Goods in one year than he has been accustomed to do . . . 
that the poor . . . may not be distressed by wealthy designing 
men. 

By order — Evan Williams, Clerh. 

132. Virginia County "Conventions" become De Facto 
Governments 

Force, American Archives^ Fourth Series, I, 1145. 

For the occasion for the " second conventions " in the various colonies in 
the winter of 1774-5, cf, American History and Government^ § 143. 

The Virginia Convention of August 1-6, 1774, had appointed delegates 
to the Continental Congress to be held in September at Philadelphia, and 
adjourned after authorizing its chairman to call another convention when 
necessary. It was only an informal conference. 

In December, a Second Maryland Convention virtually became a de facto 
government, arming the province for defense against England. This 
example was followed promptly in SAWgXe. counties in Virginia, — first in 
George Washington's County. 



434 REVOLUTIONARY GOVERNMENTS 

\_Extracts froyii the Proceedings of the Committee of Fairfax 
County, on the 17th of January 177 5. ~\ 

George Washington, Esquire, Chairman, 
Robert H. Harrison, Clerk : 

Resolved, That the defenceless state of this County renders 
it indispensably neccessary that a quantity of Ammunition 
should be immediately provided ; and as the same will be for 
the common benefit, protection, and defence of the inhabitants 
thereof, it is but just and reasonable that the expenses incurred 
in procuring the same should be defrayed by a general and 
equal contribution. It is therefore recommended that the sum 
of three Shillings per poll, for the purpose aforesaid, be paid 
by and for every tithable person in this County, to the 
Sheriff, or such other Collector as may be appointed, who is to 
render the same to this Committee, with a list of the names 
of such persons as shall refuse to pay the same, if any such 
there be. 

Resolved, That this Committee do concur in opinion with the 
Provincial Committee of the Province of Maryland, that a 
well regulated Militia, composed of gentlemen freeholders, and 
other freemen, is the natural strength and only stable security 
of a free Government, and that such Militia will relieve our 
mother country from any expense iu our protection and de- 
fence, will obviate the pretence of a necessity for taxing us on 
that account, and render it unnecessary to keep Standing 
Armies among us — ever dangerous to liberty ; and therefore 
it is recommended to such of the inhabitants of this County as 
are from sixteen to fifty years of age, to form themselves into 
Companies of sixty-eight men; to choose a Captain, two 
Lieutenants, an Ensign, four Sergeants, four Corporals, and 
one Drummer, for each Company; that they provide them- 
selves with good Firelocks, and use their utmost endeavours to 
make themselves masters of the Military Exercise, published 
by order of his Majesty in 1764, and recommended by the 
Provincial Congress of the Massachusetts Bay, on the 29th 
of October last. 



CONVENTIONS BECOME GOVERNMENTS 435 

133. Virginia Provincial Conventions become Governments 

(March-July, 1775) 

a. County Instructions to Delegates 

Force, American Archives, Fourth Series, II, 3. 

Instructions from the Freeholders of Cumberland County 

Virginia. 

To John Mayo and William Fleming, Gentlemen [Delegates of 

Cumberland County to the Second Virginia Convention, 

to be held in March, 1775.] 
We, the Freeholders of Cumberland County, having elected 
you to represent us in a Provincial Convention,^ to be held in 
the Town of Richmond, on Monday, the 20th of this instant, 
and being convinced that the safety and happiness of British 
America depend upon the unanimity, firmness and joint efforts 
of all the Colonies, we expect you will, on your parts, let your 
measures be as much for the common safety as the peculiar 
interests of this Colony will permit, and that you, in par- 
ticular, comply with the recommendation of the Continental 
Congress, in appointing Delegates to meet in the City of 
Philadelphia, in May next. 

The means of Constitutional legislation in this Colony being now 
interrupted, and entirely precarious, and being convinced that some 
rule is necessary for speedily putting the Colony in a state of defence, 
we, in an especial manner, recommend this matter to your considera- 
tion in Convention ; and you may depend that any general tax, by 
that body imposed, for such purposes, will be cheerfully submitted 
to, and paid by the inhabitants of this County. ^ 



iThis convention had finally been called in January by Peyton Randolph, 
chairman of the preceding convention, according to authorization by body. 
Cf. introduction to No. 1,37, above. The work of the Convention is given in 
No. 139. 

2 Observe the authorization to raise money by taxation, — a special pre- 
rogative of government. 



436 REVOLUTIONARY GOVERNMENTS 

h. The Second Virginia Convention {March 20-27, 
1775) arms the Colony for War 

Force, American Archives, Fourth Series, II, 165-172. 

At a Convention of Delegates for the Counties and Corpo- 
rations in the Colony of Virginia, at the Town of Richmond, 
in the County of Henrico, on Monday, the 20th of March, 1775. 
[Present : 120 names.] . . . 

The Honourable Peyton Randolph, Esquire, was unanimously 
elected President of this Convention, and Mr. John Tazewell, 
Clerk thereof. 

The President then recommended it to the Convention to 
proceed in the deliberation and discussion of the several 
important matters which should come before them, with that 
prudence, decency, and order which had distinguished their 
conduct on all former occasions ; and laid before the Con- 
vention the proceedings of the Continental Congress. . . . 

Resolved, That this Convention will observe, in their debates, 
the -same rules and orders as are established in the House of 
Burgesses in this Colony. 

Adjourned till to-morrow 10 o'clock. 

March 21. . . . Resolved unanimously. That this Convention 
doth entirely and cordially approve the Proceedings and Resolutions 
of the American Continental Congress [the ''First Continental Con- 
gress "], and that they consider this whole Continent as under the 
highest obligations to that very respectable body, for the wisdom of 
their counsels, and their unremitted endeavours to maintain and pre- 
serve inviolate the just rights and liberties of His Majesty's dutiful 
and loyal subjects in America. 

Resolved unanimously, That the warmest thanks of this Con- 
vention, and all the inhabitants of this Colony, whom they 
represent, are particularly due, and that this just tribute of 
applause be presented, to the Honourable Peyton Randoph, 
Esquire, Richard Henry Lee, George Washington, Patrick 



CONVENTIONS BECOME GOVERNMENTS 437 

Henry, Junior, Richard Bland, Benjamin Harrison, and Edmund 
Pendleton, Esquires, the worthy Delegates deputed by a former 
Convention to represent this Colony in General Congress, for 
their cheerful undertaking, and faithful discharge of the very 
important trust reposed in them. 

Adjourned till to-morrow 10 o'clock. 

March 22. . . . Resolved, That a well regulated Militia, 
composed of Gentlemen and Yeomen, is the natural strength, and 
only security of a free Government ; that such a Militia in this 
Colony would for ever render it unnecessary for the Mother 
Country to keep among us, for the purpose of our defence, any 
Standing Army of mercenary forces, always subversive of the 
quiet, and dangerous to the liberties of the people, and would 
obviate the pretext of taxing us for their support. 

That the establishment of such ' a ]Militia is at this time 
peculiarly necessary, by the state of our laws for the protection 
and defence of the Country, some of which have already ex- 
pired, and others will shortly do so ; and that the known re- 
missness of Government, in calling us together in a legislative 
capacity renders it too insecure, in this time of danger and dis- 
tress to rely, that opportunity will be given of renewing them 
in General Assembly, or making any provision to secure our 
inestimable rights and liberties from those farther violations 
with which they are threatened. 

Resolved therefore, That this Colony be immediately put into 
a posture of defence ; and that Patrick Henry, Richard Henry 
Lee, Robert Carter Nicholas, Benjamin Harrison, Lemuel Rid- 
dick, George Washington, Adam Stephen, Andrew Lewis, 
William Christian, Edmund Pendleton, Thomas Jefferson, and 
Isaac Zane, Esquires, be a Committee to prepare a plan for the 
embodying, arming, and disciplining such a number of men as 
may be sufficient for that purpose. 

Adjourned till to-morrow 10 o'clock, . . . 

Saturday, March 25, 1775. . . . Resolved, As the opinion 
of this Convention, that, on account of the unhappy disputes 
between Great Britain and the Colonies, and the unsettled state 



438 REVOLUTIONARY GOVERNMENTS 

of this Country, the lawyers, suitors, and witnesses ought not 
to attend the prosecution or defence of civil suits at the next 
G-eneral Court ; and it is recommended to the several Courts of 
Justice not to proceed to the hearing or determination of suits 
on their dockets, except attachments; nor to give judgments 
but in the case of Sheriffs or other collectors for Money or 
Tobacco received by them ; in other cases, where such judgment 
shall be voluntarily confessed; or upon such amicable proceed- 
ings as may become necessary for the settlement, division, or 
distribution of estates. And, during this suspension of the 
administration of justice, it is earnestly recommended to the 
people to observe a peaceable and orderly behaviour ; to all 
creditors to be as indulgent to their debtors as may be ; to all 
debtors to pay as far as they are able ; and where differences 
may arise which cannot be adjusted between the parties, that 
they refer the decision thereof to judicious neighbours, and 
abide by their determination. 

The Convention then took into their consideration, according 
to the order of yesterday, the plan for embodying, arming and 
disciplining the Militia ; which, being read, and amended, was 
unanimously agreed to, as follows : 



The committee are further of opinion that, as from the expira- 
tion of the above-mentioned latter laws, and various other causes, 
the legal and necessary disciplining the Militia has been much 
neglected, and a proper provision of Arms and Ammunition has 
not been made, to the evident danger of the community in case 
of invasion or insurrection, it be recommended to the inhabitants 
of the several Counties of this Colony that they form one or more 
volunteer Companies of Infantry and Troops of Horse, in each County, 
and to be in constant training and readiness to act on any emer- 
gency. 

That, in order to make a further and more ample provision of 
Amunition, it be recommended to the Committees of the several 



CONVENTIONS BECOME GOVERNMENTS 439 

Counties, that they collect from their Constituents, in such manner 
as shall be most agreeable to them, so much money as will be suf- 
ficient to purchase half a pound of Gunpowder, one pound of Lead, 
necessary Flints and Cartridge Paper, and dispose thereof, when 
procured, in such place or places of safety as they may think best; 
and it is earnestly recommended to each individual to pay such 
proportion of the money necessary for these purposes as by the 
respective Committees shall be judged requisite. 

That as it may happen that some Counties, from their situa- 
tion, may not be apprized of the most certain and speedy 
method of procuring the articles before-mentioned, one General 
Committee should be appointed, whose business it should be 
to procure, for such Counties as may make application to them, 
such articles, and so much thereof as the moneys wherewith 
they shall furnish the said Committee with purchase, after 
deducting the charges of transportation, and other necessary 
expenses. 

Resolved, That Robert Carter Nicholas, Thomas Nelson, and 
Thomas Whiting, Esquires, or any two of them, be a Committee 
for the purpose afore-mentioned. 

. . . Resolved, That Robert Carter Nicholas, Richard Bland, 
James Mercer, Edmund Pendleton, Archibald Cary, Charles 
Carter of Stafford, Benjamin Harrison, Richard Henry Lee, 
Josias Clapham, George Washington, Patrick Henry, James 
Holt, and Thomas Newton, Esquires, be a Committee to prepare 
a plan for the encouragement of Arts and Manufactures in 
this Colony. 

The Convention then proceeded to the election of Delegates by 
ballot, to represent this Colony in General Congress, to be held 
at the City of Philadelphia, on the loth day of May next; when 
the Honourable Peyton Randolph, Esquire, George Washington, 
Patrick Henry, Richard Henry Lee, Edmund Pendleton, Benjamin 
Harrison, and Richard Bland, Esquires, were chosen for that 
purpose. 

Resolved, That Robert Carter Nicholas, Esquire, be desired to lay 
before the Convention, on Monday next, an account of the Money 



440 REVOLUTIONARY GOVERNMENTS 

received from the several Counties and Corporations in this Colony, 
for the use of the Delegates sent to represent this Colony in 
General Congress. 

Adjourned till Monday, 10 o'clock. 

March 27 . . . Resolved unanirriously , That from and after 
the first day of May next, no person or persons whatever 
ought to use, in his or their families, unless in case of neces- 
sity, and on no account to sell to butchers, or kill for market, 
any Sheep under four years old; and where there is necessity 
for using any mutton in his, her, or their families, it is rec- 
ommended to kill such only as are least profitable to be kept. 

Resolved unanimously, That the setting up and promoting 
Woollen, Cotton, and Linen Manufactures ought to be en- 
couraged in as many different branches as possible, especially 
Coating, Flannel, Blankets, Rugs, or Coverlids, Hosiery, and 
coarse Cloths, both broad and narrow. 



Resolved unanimously, As Salt is a daily and indispensable 
necessary of life, and the making of it amongst ourselves must 
be deemed a valuable acquisition, it is therefore recommended 
that the utmost endeavours be used to establish Salt Works, 
and that proper encouragement be given to Mr. Jaynes Tait, 
who hath made proposals, and offered a scheme to the publick, 
for so desirable a purpose. 

Resolved unanimously, That Saltpetre and Sulphur, being articles 
of great and necessary use, the making, collecting, and refining 
them to the utmost extent, be recommended, the Convention being 
of opinion that it may be done to great advantage. 

Resolved unanimously, That the making of Gunpowder be rec- 
ommended. 

Resolved unanimously, That the manufacturing of iron into Nails 
and Wire, and other necessary articles, be recommended. 

Resolved unanimously, That the making of Steel ought to be 
largely encouraged, as there will be a great demand for this 
article. 



CONVENTIONS BECOME GOVERNMENTS 441 

Resolved unanimoushj, That the making of different kinds 
of Paper ought to be encouraged ; and as the success of this 
branch depends on a supply of old Linen and Woollen Rags, 
the inhabitants of this Colony are desired, in their respecti\^e 
families, to preserve these articles. 

Resolved unanimously, That whereas Wool Combs, Cotton 
and Wool Cards, Hemp and Flax Heckles, have been for some 
time made to advantage in some of the neighbouring Colonies, 
and are necessary for carrying on Linen and W^oollen Manu- 
factures, the establishing such Manufactures be recommended. 

Resolved unanimoushj, That the erecting Fulling Mills and 
mills for breaking, swingling, and softening Hemp and Flax, 
and also the making Grindstones be recommended. 

Resolved unanimously, That the brewing Malt Liquors in this 
Colony would tend to render the consumption of foreign 
Liquors less necessary. It is therefore recommended that 
proper attention be given to the cultivation of Hops and 
Barley. 

Resolved u7ianimo7isly. That it be recommended to all the 
inhabitants of this Colony, that they use, as the Convention 
engageth to do, our own Manufactures, and those of other 
Colonies, in preference to all others. 

# # * * # ^ # 

The Members of the Convention then, in order to encourage 
Mr. James Tait, who is about to erect Salt Works, undertook, 
for their respective Counties, to pay the sum of Ten Pounds 
to Robert Cartel' Nicholas, Esquire, for the use of the said 
James Tait, on or before the 10th day of May next. 

TV ^ ^ ^ ^ ^ ^ 

Resolved, That this Convention doth consider the delegation of 
its members as now at an end ; and that it is recommended to the 
People of this Colony to choose Delegates to represent them in 
Convention for one year, as soon as they conveniently can. 
Peyton Randolph, President. 
John Tazewell, Clerk of the Convention. 



442 REVOLUTIONARY GOVERNMENTS 

c. [The Third Virginia Convention^ pursuant to the call in the closing 
recommendation of the Second, met July 17, 1775, and adopted the forms 
of a legislative body, giving bills three readings, etc. The first resolution 
read . . . 

" That this Convention will observe, in their debates and proceedings^ 
the same Rules and Orders as are established in the House of Burgesses 
of this Colony." Cf. with the corresponding Resolution of the Second 
Convention above ; note significance of the two additional words. That 
significance is brought out clearly in the postscript of a letter from George 
Mason to a friend, August 22: 

"P. S. Every ordinance goes thro' all the Formalities of a Bill in the 
House of Burgesses, has three Readings, etc. before it is passed, and in 
every respect wears the Face of Law, — Resolves, as recommendations, 
being no longer trusted to. . . ." (Virginia Calendar of State Papers, I, 
269.) 

Thus the Third Convention was a "government" in style as well as 
in fact. It held two busy sessions; and, in January, 1776, though its 
"year" was not up, it adjourned, to give place to a new Convention 
freshly instructed from the people.] 



XXIII. INDEPENDENCE 

Cf. American History and Government (§§ 146-150) for additional 
comment and narrative, and suggestions as to bibliography, on each of 
the following numbers, 134-139. Many short extracts are there given 
from documents which, on that account, are not reproduced here, — 
notably from Paine's Common Sense. 

134. Virginia County Instructions for Independence, April 23, 1776 

Force, American Archives., Fourth Series, V, 1034-1035. 

The following instructions from a county meeting of Charlotte County, 
Virginia, to delegates for the next Virginia Convention [to meet May 6] 
show that that body was at least partially authorized to take its momentous 
action of adopting a State constitution and of instructing the Virginia del- 
egates at Philadelphia to move for independence. Note that the King, 
to whom all earlier documents had professed loyalty, is here coupled with 
the ministry and parliament. Other counties gave similar instruction. 
Cf. Force, V, 1046. 

To Paul Carrington, and Thomas Read, Esq^s. : 

Gentlemen : When we consider the despotick plan adopted by 
the King, Ministry and Parliament of Great Britain, insidiously 
pursued for these twelve years past, to enslave America; when 
we consider that they have turned a deaf ear to the repeated 
petitions and remonstrances of this and our sister Colonies, 
and that they have been equally inattentive to the rights of 
freemen and the British Constitution ; and when we consider 
that they have for some time been endeavouring to enforce 
their arbitrary mandates by fire and sword, and likewise 
encouraging, by every m.eans in their power, our savage neigh- 
bours, and our more savage domesticks, to spill the blood 
of our wives and children ; and to crown the whole, they have 
added insult to their injustice and cruelty, by repeatedly pre- 
tending to hold out the olive branch of peace in such a way as 
teacheth us that they are determined to persist in their hellish 

443 



444 INDEPENDENCE 

designs, and that nothing is intended for us but the most 
abject slavery. . . . 

Therefore despairing of any redress of our grievances from the 
King and Parliament of Great Britain, and all hopes of a recon- 
ciliation between her and the United Colonies being now at an 
end, and being concious that their treatment has been such as 
loyal subjects did not deserve, and to which as freemen, we are 
determined not to submit ; by the unanimous approbation and 
direction of the whole freeholders, and all the other inhabitants 
of this County, we advise and instruct you, cheerfully to concur 
and give your best assistance in our Convention, to push to the 
utmost a war offensive and defensive until you are certified that 
such proposals of peace are'made to our General Congress as shall 
by them be judged just and friendly. And because the advan- 
tages of a trade will better enable us to pay the taxes, and procure 
the necessaries for carrying on a war, and in our present cir- 
cumstances this cannot be had without a Declaration of Inde- 
pendence; therefore, if no such proposals of peace shall be 
made, we judge it to be a dictate of the first law of nature, to 
continue to oppose every attempt on our lives and properties ; 
and we give it you in charge, to use your best endeavours 
that the Delegates which are sent to the General Congress be in- 
structed immediately to cast off the British yoke, and to enter into 
a commercial alliance w4th any nation or nations friendly to 
our cause. And as King George the Third of Great Britain 
etc., has manifested deliberate enmity towards us, and under 
the character of a parent persists in behaving as a tyrant, that 
they, in our behalf renounce allegiance to him for ever ; and 
that, taking God of Heaven to be our King, and depending upon 
His protection and assistance, they plan out that form of Govern- 
ment which may the more effectually secure to us the enjoyment 
of our civil and religious rights and privileges, to the latest poster- 
ity. ... 

Ordered, That the above Resolves be published in the Vir- 
ginian Gazette. 

By order : William Jameson, Clerk. 



VIRGINIA INSTRUCTIONS 445 

135. Instructions for Independence in the Virginia Convention (and 
Resolutions for an Independent State Government), May 15, 1776- 

Force, American Archives, Fourth Series, VI, 461-462. 

The Fourth Virginia Convention met May 6, elected on the recommenda- 
tion of the preceding Convention (see No. 133 c, close). On the 9th the 
Convention voted to go next day into Committee of tlie Whole to con- 
sider the state of the colony (which meant to take up the matter of 
independence and a State government). Military needs, however, delayed 
the consideration until the 14th. On that day and the 15th, the questions 
were debated, and, on the 15th, the Committee rose and reported to the 
Convention the resolutions below, which were unanimously adopted. For 
a more detailed story, see American History and Government, § 148 ; but 
it should be seen here clearly that the Convention instructed its delegates 
in the Continental Congress to secure a general declaration of Independ- 
ence for all the colonies, and that, at the same time, it began the work of a 
permanent independent constitution for Virginia. 

[The first half of the document is a preamble stating the 
grievances of the colonies.]. . . In this state of extreme 
danger, we have no alternative left but an abject submission 
to the will of those overbearing tyrants or a total separation 
from the crown and government of Great Britain, uniting and 
exerting the strength of all America for defence, and forming 
alliances with foreign powers for commerce and aid in war : 
Wherefore, appealing to the Searcher of Hearts for the sin- 
cerity of former declarations expressing our desire to preserve 
the connection with that nation, and that we are driven from 
that inclination by their wicked councils and the eternal laws 
of self-preservation ; 

Resolved, unanimously, That the delegates appointed to 
represent this colony in General Congress be instructed to 
propose to that respectable body to declare the United Col- 
onies free and independent States, absolved from all allegiance 

iFor the recommendation of Congress, on this same day, regarding setting 
up State governments, cf . American History and Government, § 148. (For 
earlier recommendations as to temporary governments, cf. ih.) This action, 
of course, was not known in Virginia when this Convention took action regard- 
ing independence and a permanent State constitution. 



446 INDEPENDENCE 

to or dependence upon the Crown or parliament of Great 
Britain ; and that they give the assent of this colony to such 
declaration, and to whatever measures may be thought proper 
and necessary by the Congress for forming foreign alliances 
and a confederation of the colonies, at such time, and in such 
manner, as to them shall seem best : Provided that the power 
of forming government for, and the regulation of, the inter- 
nal concerns of each colony, be left to the respective colonial 
legislatures. 

Resolved unanimously, That a committee be appointed to 
prepare a Declaration of Eights and such a plan of govern- 
ment as will be most likely to maintain peace and order in 
this colony, and secure substantial and equal liberty to the 
people. 

136. The Virginia Bill of Rights, June 12, 1776 

Poore, Charters and Constitutions, II, 1908-1909. Cf. No. 135 for 
history. This bill of rights was reported by a committee to the Virginia 
Convention on May 27, and adopted unanimously on June 12. It was 
the model, often followed closely, for similar bills in other states. See 
comment at close. 

A declaration of rights made by the representatives of the good 
people of Virginia, assembled in full and free convention; which 
rights do pertain to the^n and their posterity, as the basis and 
foundation of government. 

Section 1. That all men are by nature equally free and 
independent, and have certain inherent rights, of which, when 
they enter into a state of society, they cannot, by any compact, 
deprive or divest their posterity ; namely, the enjoyment of 
life and liberty, with the means of acquiring and possessing 
property, and pursuing and obtaining happiness and safety. 

Section 2. That all power is vested in, and consequently 
derived from, the people ; that magistrates are their trustees 
and servants, and at all times amenable to them. 

Section 3. That government is, or ought to be, instituted 
for the common benefit, protection, and security of the people, 



VIRGINIA BILL OF RIGHTS, JUNE 12, 1776 447 

nation, or community ; of all the various modes and forms of 
government, that is best which is capable of producing the 
greatest degree of happiness and safety, and is most effectually 
secured against the danger of maladministration ; and that, 
when any government shall be found inadequate or contrary 
to these purposes, a majority of the community hath an in- 
dubitable, inalienable, and indefeasible right to reform, alter, 
or abolish it in such manner as shall be judged most condu- 
cive to the public weal. 

Section 4. That no man, or set of men, are entitled to ex- 
clusive or separate emoluments or privileges from the commu- 
nity, but in consideration of public services ; which, not being 
descendible, neither ought the offices of magistrate, legislator, 
or judge to be hereditary. 

Section 5. That the legislative and executive powers of 
the State should be separate and distinct from the judiciary; 
and that the members of the two first may be restrained from 
oppression, by feeling and participating in the burdens of the 
people, they should, at fixed periods, be reduced to a private 
station, return into that body from which they were originally 
taken, and the vacancies be supplied by frequent, certain, and 
regular elections, in which all, or any part of the former mem- 
bers to be again eligible, or ineligible, as the laws shall direct. 

Section 6. That elections of members to serve as represen- 
tatives of the people, in assembly, ought to be free ; and that 
all men, having sufficient evidence of permanent common in- 
terest with, and attachment to, the community, have the right 
of suffrage, and cannot be taxed or deprived of their property 
for public uses, without their own consent, or that of their rep- 
resentatives so elected, nor bound by any law to which they 
have not, in like manner, assented, for the public good.^ 

iThc sixth article seems to have been designed by George Mason, who 
drew it, as an argument for extending the franchise to heads of families. 
Mason drew also a plan for the frame of government, which the convention 
in the main adopted on June 29. In this plan he proposed to "extend" the 
franchise to leaseholders with seven-year terms, and to any "housekeeper" 



448 INDEPENDENCE 

Section 7. That all power of suspending laws, or the exe- 
cution of laws, by any authority, without consent of the repre- 
sentatives of the people, is injurious to their rights, and ought 
not to be exercised. 

Section 8. That in all capital or criminal prosecutions a 
man hath a right to demand the cause and nature of his accu- 
sation, to be confronted with the accusers and witnesses, to call 
for evidence in his favor, and to a speedy trial by an impartial 
jury of twelve men of his vicinage, without whose unanimous 
consent he cannot be found guilty ; nor can he be compelled to 
give evidence agaist himself; that no man be deprived of his 
liberty, except by the law of the land or the judgment of his peers. 

Section 9. That excessive bail ought not to be required, 
nor excessive fines imposed, nor cruel and unusual punishments 
inflicted. 

Section 10. That general warrants, whereby an officer or 
messenger may be commanded to search suspected places with- 
out evidence of a fact committed, or to seize any person or 
persons not named, or whose offence is not particularly de- 



who was also the father of three children (Article V of Mason's Plan ; printed 
in full in Kate Mason Rowland's Life and Correspondence of George Mason, 
I, 444 ff.)- The convention, however, left the franchise as " now established 
by law" — on a freehold basis {American History and Government, ^^\05, 
107). Mason, in his plan, suggested graded landed qualifications for holding 
office : £500 freehold to act as a member of his proposed electoral college to 
choose state senators ; £1000 freehold to sit in the lower House ; £2000 freehold 
to sit in the upper House. 

It is often said that Mason proposed a £1000-freehold qualification for the 
franchise. The language of Section HI of his " plan," taken by itself, would so 
indicate. But the clauses III and IV are very loosely worded and punctuated ; 
and, when they are read in conjunction with Section V, the only possible con- 
clusion is the one stated above. In proposing so liberal a franchise, however, 
Mason stood alone in Virginia in his day. Even Jefferson's plan for a Vir- 
ginia constitution called for "a freehold of i of an acre of land in a town, or 
25 acres in the country" {Woy^ks, Ford edition, II, 7 f¥.). 

Eleven years later at the Philadelphia convention, Mason used the same 
language as in the Virginia bill of rights, in opposing a i-eal-estate qualification 
for the national franchise ; but he still advocated a landed qualification for 
membership in even the lower House of Congress. 



VIRGINIA BILL OF RIGHTS, JUNE 12, 1776 449 

scribed and supported by evidence, are grievous and oppressive, 
and ought not to be granted. 

Section 11. That in controversies respecting property, and 
in suits between man and man, the ancient trial by jury is pref- 
erable to any other, and ought to be held sacred. 

Sectiox 12. That the freedom of the press is one of the 
great bulwarks of liberty, and can never be restrained but by 
despotic governments. 

Section 13. That a well-regulated militia, composed of the 
body of the people, trained to arms, is the proper, natural, and 
safe defence of a free State ; that standing armies, in time of 
peace, should be avoided, as dangerous to liberty ; and that in 
all cases the military should be under strict subordination to, 
and governed by, the civil power. 

Section 14. That the people have a right to uniform gov- 
ernment ; and, therefore, that no government separate from, or 
independent of the government of Virginia, ought to be erected 
or established within the limits thereof. 

Section 15. That no free government, or the blessings of 
liberty, can be preserved to any people, but by a firm adher- 
ence to justice, moderation, temperance, frugality, and virtue, 
and by frequent recurrence to fundamental principles. 

Section 16. That religion, or the duty which we owe to 
our Creator, and the manner of discharging it, can be directed 
only by reason and conviction, not by force or violence ; and 
therefore all men are equally entitled to the free exercise of 
religion, according to the dictates of conscience ; and that it is 
the mutual duty of all to practise Christian forbearance, love 
and charity towards each other. 

[The failure of historians to give due credit to this bill of 
rights is remarkable. I call attention to two illustrations. 

(1) Cushing's Transition from Provincial to Commonwealth 
Government in Massachusetts (Columbia University Studies, VII, 
1896) states incorrectly (p. 246, note 1) that the constitution 
of Virginia contained no preamble (cf. No. 137 below) : and. 



450 INDEPENDENCE 

on page 247 and notes, it quotes precedents from the Maryland 
bill of rights instead of from the Virginia document from 
which the Maryland statement was taken; while page 248, 
in referring to " others [than Massachusetts that] realized 
keenly the vital importance of a clear and abiding statement 
of the immunities and privileges of man in civil society," adds 
the note : " A Declaration of Eights was adopted by Delaware, 
Maryland, New Hampshire (1784), North Carolina, Pennsyl- 
vania, Vermont, and Virginia" (!) The order of statement 
is ingeniously misleading. All the others named drew mainly 
from the one named last. 

(2) Merriam's History of American Political TJieories (1902) 
contains several such misleading statements. On page 49, to 
illustrate the fact that some State constitutions (as well as the 
Declaration of Independence) asserted the doctrine of " inalien- 
able rights," including "life, liberty, and the pursuit of happi- 
ness," reference is made in detail to the New Hampshire bill 
of rights (eight years later than the Declaration), but not 
at all to the Virginia bill of rights, which preceded the 
Continental Declaration. So, too, especially on page 153, a 
footnote is inserted expressly to show how the idea of " fre- 
quent recurrence to fundamental principles " was often ex- 
pressed in Revolutionary State constitutions, as follows : 
"Massachusetts (1780), Art. 18; Pensylvania (1776), Art. 14; 
New Hampshire, Art. 38 ; North Carolina, Art. 21 ; Vermont, 
Art. 16." Would it not have been well to recognize in such 
a list the State in whose constitution the phrase was first 
used ?] 

137. The First Declaration of Independence by a State 

Freainble to the Virginia Coi%stitiition, June 29, 1776 

The Virginia constitution, adopted on June 29, 1776, consisted of 
three parts : (1) a declaration of independence ; (2) the bill of rights ; 
(3) the frame of government. The original intention (No. 135, close) 
had been to include the last two only, and to leave the declaration of 
independence to Congress. But on June 24, when the convention had 



THE VIRGINIA DECLARATION 451 

• 
nearly completed its consideration of the constitution, it received from 
Jefferson a draft of a constitution prefaced by a declaration of independ- 
ence. Of the adoption of this preface, Jefferson wrote in 1825 : 

"I was then at Philadelphia . . . knowing that the Convention of 
Virginia was engaged in forming a plan of government, I turned my 
mhid to the same subject, and drew a sketch . . . of a Constitution with 
a preamble, which I sent to Mr. Pendleton, president of the Convention 
... He informed me . . . that he received it on the day on which the 
Committee of the Whole had reported to the House the plan they had 
agreed to ; and that it had been so long in hand, so disputed inch by 
inch . . . that they were worried with the contentions it had produced, 
and could not, from mere lassitude, have been induced to open the instru- 
ment again ; but that, being pleased with the Preamble to mine, they 
adopted it in the House, by way of amendment to the report of the 
committee [June 29] ; and thus my Preamble was tacked to the work of 
George Mason, . . . The Preamble vms prior in composition to the 
Declaration [of July 4]." i 

Whereas George Guelf, king of Great Britain . . . and 
heretofore entrusted with the exercise of the kingly office in 
this government [Virginia], hath endeavored to pervert the 
same into a detestable and insupportable tyranny : 

by putting his negative on laws the most wholesome 

and necessary for the public good ; 
by . . . [21 indictments follow — similar to the 

charges in the Declaration soon after adopted 
at Philadelphia] by which several acts of 
mis-rule the said George Guelf has forfeited the 
kingly office, and has rendered it necessary for the 
preservation of the people that he should be im- 
mediately deposed from the same. . . . 
Be it therefore enacted by the authority of the people that 

1 Jefferson's plan was indorsed. "... It is proposed that this bill, after 
correction by the Convention, shall be referred by them to the people, to be 
assembled in their respective counties; and that the suffrages of two-thirds 
the counties shall be necessary to establish it." Jefferson always contended 
that the Virginia constitution, since it was not so submitted to popular 
ratification, was not a " fundamental law," but was subject to repeal, like 
any other statute, by ordinary legislative action. Cf. American History and 
Government, § 152. 



452 INDEPENDENCE 

the said George Guelf be, and he hereby is deposed from the 
kingly office within this government, and absolutely divested 
of all its rights, powers, and prerogatives: and that he and 
his descendants, and all persons acting by or through him, and 
all other persons whatsoever, shall be and forever remain 
incapable of the same : and that the said office shall henceforth 
cease, and never more either in name or substance be re- 
established within this colony. 

138. Revolutionary State Governments 

a. Becomrnendatioit of Coiigress, May 15, 1776 
Journals of Congress (Ford edition), V, 357 ff. 

IN CONGRESS, May 15, 1776. 

Wliereas, his Britanic majesty, in conjunction with the lords 
and commons of Great Britain, has, by a late act of parliament, 
excluded the inhabitants of these united colonies from the 
protection of his crown — And whereas no answer whatever 
to the humble petitions of the colonies for redress of griev- 
ances and reconciliation with Great Britain, has been, or is 
likely to be given, but the whole force of that kingdom, aided 
by foreign mercenaries, is to be exerted for the destruction 
of the good people of these colonies — and whereas it appears 
absolutely irreconcilable to reason and good conscience, for 
the people of these colonies NOW to take the oaths and 
affirmations necessary for the support of any government 
under the crown of Great Britain; and it is necessary that the 
exercise of every kind of authority under the said crown should be 
totally suppressed, and all the powers of government exerted under 
the authority of the people of the colonies, for the preservation of 
internal peace, virtue, and good order, as well as for the 
defence of their lives, liberties and properties, against the 
hostile invasions and cruel depredations of their enemies — 
Therefore, 



PRELIMINARIES IN CONGRESS 453 

Resolved, That it be recommended to the respective assemblies, 
and conventions, of the united colonies, where no government suffi- 
cient to the exigencies of their affairs has been heretofore established, 
to adopt such government as shall, in the opinion of the representa- 
tives of the people, best conduce to the happiness and safety of their 
constituents in particular, and America in general. 

b. John Adams' Comment upon the Beaj^jig of that Ac- 
tion (a above) upon Independence 

Letters of John Adams to His Wife, I, 109-111. Adams had been 
the special champion of the action finally recommended by Congress as 
above. On the following Sunday, he wrote as follows of that memorable 
action, and of the earlier action in South Carolina in adopting a tempo- 
rary government of its own. 

John Adams to Abigail Adams 

Philadelphia, May 17, 1776. 

I have this morning heard Mr. Duffield, upon the signs of 
the times. . . . He concluded, that the course of events 
indicated strongly the design of Providence, that we should 
be separated from Great Britain, etc. . . . 

Is it not a saying of Moses, " who am I, that I should go in 
and out before this great peox3le?" When I consider the 
great events which are passed, and those greater which are 
rapidly advancing, and that I may have been instrumental 
in touching some springs, and turning some small wheels, 
which have had and will have such effects, I feel an awe upon 
my mind, which is not easily described. Great Britain has 
at last driven America to the last step, a complete separation 
from her ; a total absolute independence, not only of her 
Parliament, but of her crown, for such is the amoimt of the 
resolve of the 15th. Confederation among ourselves, or alliances 
icith foreign nations, are not necessary to a perfect separation 
from Britain. That is effected by extinguishing all authority 
under the crown, Parliament, and nation, as the resolution for 
instituting governments has done, to all intents and purposes. 



454 INDEPENDENCE 

Confederation will be necessary for our internal concord, and 
alliances may be so for our external defence. 

I have reasons to believe that no colony, luhich shall assume a 
government under the people, ivill give it up. There is something 
very unnatural and odious in a government a thousand leagues 
off. A whole government of our own choice, managed by 
persons whom we love, revere, and can confide in, has charms 
in it, for which men will light. Two young gentlemen from 
South Carolina in this city, who were in Charlestown when 
their new constitution was promulgated, and when their new 
Governor and Council and Assembly walked out in procession, 
attended by the guards, company of cadets, light horse, etc., 
told me, that they were beheld by the people with transports 
and tears of joy. The people gazed at them with a kind of 
rapture. They both told me, that the reflection, that these 
were gentlemen whom they all loved, esteemed and revered, 
gentlemen of their own choice, whom they could trust, and 
whom they could displace, if any of them should behave 
amiss, affected them so, that they could not help crying. 
They say, their people tvill never give up this government. . . . 

139. Instructions by "State" Conventions against Independence 
(January-May, 1776) 

Proceedings of the Conventions of Maryland in 1774, 1775, and 1776, 
pages 82-84, 140-142, 176. 

Similar instructions were given in Pennsylvania and New Jersey. 
(1) In Convention, January 12th, 

To the honorable Matthew Tilgham, Esq., Thomas Jefferson, 
jr., Robert Goldsborough, William Paca, Samuel Chase, Thomas 
Stone, Eobert Alexander, and John Rogers, Esquires. 

The convention taking into their most serious consideration 
the present state of the unhappy dispute betw^een Great Britain 
and the united colonies, think it proper to deliver you their 
sentiments, and to instruct you in certain points, relative to 
your conduct in congress, as representatives of this province. 



INSTRUCTIONS AGAINST INDEPENDENCE 455 

The experience we and our ancestors have had of the mild- 
ness and equity of the English constitution, under which we 
have grown up to and enjoyed a state of felicity, not exceeded 
among any people we know of, until the grounds of the present 
controversy were laid by the ministry and parliament of Great 
Britain, has most strongly endeared to us that form of govern- 
ment from whence these blessings have been derived, and makes 
us ardently wish for a reconciliation with the mother country, 
upon terms that may insure to these colonies an equal and per- 
manent freedom. 

To this constitution we are attached, not merely by habit, but 
by principle, being in our judgments persuaded [that] it is of 
all known systems best calculated to secure the liberty of the 
subject, to guard against despotism on the one hand, and licen- 
tiousness on the other. 

Impressed with these sentiments, we warmly recommend to 
you, to keep constantly in your view the avowed end and pur- 
pose for which these colonies originally associated, — the redress 
of American grievances and [the] securing the rights of the 
colonists. 



We further instruct you, that you do not without the previous 
knowledge and approbation of the convention of this province, assent 
to any proposition to declare these colonies independent of the crown 
of Great Britain, nor to any proposition for making or entering into 
alliance with any foreign power, nor to any union or confederation of 
these colonies, which may necessarily lead to a separation from 
the mother country, unless in your judgments of any four of 
you, or of a majority of the whole of you, if all shall be then 
attending in congress, it shall be thought absolutely necessary 
for the preservation of the liberties of the united colonies ; and 
should a majority of the colonies in congress, against such your judg- 
ment, resolve to declare these colonies independent of the crown of 
Great Britain, or to make or enter into alliance with any foreign power, 
or into any union or confederation of these colonies, which may neces- 



456 INDEPENDENCE 

sarily lead to a separation from the mother country, then we instruct 
you immediately to call the convention of this province, and repair there- 
to with such proposition and resolve, and lay the same before the said 
convention, for their consideration, and this convention will not hold 
this province bound by such majority in congress, until the representa- 
tive body of the province in convention assent thereto. 

Desirous as we are of peace with Great Britain upon safe and 
honourable terms, we wish you nevertheless, and instruct you 
to join with the other colonies in such military operations as 
may be judged proper and necessary for the common defence, 
until such a peace can be happily obtained. 

[May 15, came the recommendation of Congress for extinguishing all 
authority under the British crown and the setting up of state governments 
(No. 138a above), and also the instructions of the Virginia Convention 
for Independence and Confederation. The response in Maryland was 
merely a repetition of her previous instructions, in the passage given be- 
low. Note the jealous disposition to deny authority to Congress and to 
resent the wording of its recommendations.] 

(2) Tuesday, May 21, 1776 

TT -TT TT -7? TV" TV * 

The convention took into their consideration the report from 
the committee appointed to report on the resolution of congress 
of the 15th instant, and thereupon came to the following 
resolutions. 

Resolved unanimously. That the people of this province have 
the sole and exclusive right of regulating the internal govern- 
ment and police of this province. 

Resolved unanimously, That this province has hitherto exerted 
itself, and will upon all occasions continue to exert itself, with 
cheerfulness and alacrity, in the common cause, agreeable to the 
faith pledged in the union of the colonies : and if it shall appear 
to this province necessary to enter into a further compact for the 
preservation of the constitutional rights of America, this prov- 
ince will enter into such further engagement for that purpose. 



INSTRUCTIONS AGAINST INDEPENDENCE 457 

Resolved unanimously, That this convention, by a resolution 
of the 15th day of this instant, hath made sufficient provision 
to prevent a necessity for any person within this province now 
taking the oaths for the support of government under the crown 
of Great Britain, and that it is the opinion of this convention, 
that it is not necessary that the exercise of every kind of authority 
under the said crown should be now totally suppressed in this prov- 
ince, and all the powers of government exerted under the 
authority of the people. 



Resolved unanimonshj, That as this convention is firmly per- 
suaded that a re-union with Great Britain on constitutional 
principles would most effectually secure the rights and liberties, 
and increase the strength and promote the happiness of the 
whole empire, objects which this province hath ever had in 
view, the said deputies are bound and directed to govern themselves by 
the instructions given to them by this convention in its session of 
December ^ last, in the same manner as if the said instructions were 
particularly repeated. 

[These instructions continued in force until revoked on June 
28 as follows:] 

(3) Resolved unanimously, That the instructions given by the 
convention of December last (and renewed by the convention in 
May) to the deputies of this colony in Congress be recalled, and 
the restrictions therein contained removed ; and that the dep- 
uties of this colony attending in Congress ... be authorized 
and empowered to concur with the of/zerHmited colonies, or a 
majority of them, in declaring the united colonies free and inde- 
pendent states, in forming such further compact and confedera- 
tion between them, in making foreign alliances, and in adopting 
such other measures as shall be judged necessary for securing 

1 The action of January 12 in (1) above belonged to the session beginning in 
December. 

2 Is the following word " united " then, in this place, part of a proper noun, 
or merely an adjective? 



458 INDEPENDENCE 

the liberties of America ; and this colony will hold itself bound ^ 
by the resolutions of a majority of the united colonies in the 
premises : provided the sole and exclusive right of regulating 
the internal government and police of this colony be reserved 
to the people thereof. 

140. Motion in Congress for Independence 

Journals of Congress, V, 425. In obedience to the instructions from 
the Virginia Convention, Richard Henry Lee, on June 7, moved in Con- 
gress the following resolutions. After delays, to permit certain dele- 
gates to secure permission for their colonial assemblies, the resolution 
v^as finally adopted July 2, by the vote of all colonies but New York. For 
further detail, cf. American History and Government, § 150. 

That these united colonies are, and of right ought to be, free 
and independent States ; that they are absolved from all 
allegiance to the British Crown ; and that all political connec- 
tion between them and the State of Great Britain is, and ought 
to be, totally dissolved. 

That it is expedient forthwith to take the most effectual 
measures for forming foreign alliances. 

That a plan of confederation be prepared and transmitted to 
the respective colonies for their consideration. 

141. The Continental Declaration of Independence 

While the debate was proceeding on Lee's resolutions (No. 140), to save 
time, in case those resolutions should be adopted, Congress appointed a 
committee (Thomas Jefferson, John Adams, Benjamin Franklin, Roger 
Sherman, and R. R. Livingston) to draft a full "Declaration of Independ- 
ence." Jefferson, the member from the colony which had moved the 
resolution, 2 was naturally made chairman and drew the document, which 
with slight modification was presented to Congress on June 28. After the 
adoption of the resolutions on July 2, this formal Declaration was taken 

1 Would that colony have felt Itself "bound " before it gave them instruc- 
tions, if Congress had acted on these matters? Cf. American History and 
Government, § 187, for a discussion of this and allied points. 

2 Lee was about to return to Virginia, and so was not placed on the com- 
mittee. 



DECLARATION OF INDEPENDENCE 459 

up by Congress, considered on the 2d, 3d, and 4th of July, and passed. 
August 2, a copy, engrossed on parchment, was signed by the members of 
Congress there present. Other signature were " added later until all 
thirteen States were represented. The following capitalization, paragraph- 
ing, and punctuation follow the original parchment. 

Ix Congress, July 4, 1776 

The Unanimous Declaration of the Thirteen United 

States of America 

5i5E|)cn in the Course of human events, it becomes necessary 
for one people to dissolve the political bands which have con- 
nected them with another, and to assume among the powers of the 
earth, the separate and equal station to which the Laws of 
Nature and of Nature's God entitle them, a decent respect to 
the opinions of mankind requires that they should declare the 
causes which impel them to the separation. — We hold these 
truths to be self-evident, that all men are created equal, that 
they are endowed by their Creator with certain unalienable 
Rights, that among these are Life, Liberty and the pursuit of 
Happiness. — That to secure these rights, Governments are 
instituted araong Men, deriving their just powers from the 
consent of the governed. — That whenever any Form of 
Government becomes destructive of these ends, it is the 
Right of the People to alter or to abolish it, and to institute 
new Government, laying its foundation on such principles and 
organizing its powers in such forms, as to them shall seem 
most likely to effect their Safety and Happiness. Prudence, 
indeed, will dictate that Governments long established should 
not be changed for light and transient causes; and accordingly 
all experience hath shewn, that mankind are more disposed to 
suffer, while evils are sulferable, than to right themselves 
by abolishing the forms to which they are accustomed. 
But when a long train of abuses and usurpations, pursuing 
invariably the same Object evinces a design to reduce them 
under absolute Despotism, it is their right, it is their duty, 
to throw off such Government, and to provide new Guards 



460 INDEPENDENCE 

for their future security. — Such has been the patient suf- 
ferance of these Colonies ; and such is now the necessity 
which constrains them to alter their former Systems of Govern- 
ment. The history of the present King of Great Britain is a 
history of repeated injuries and usurpations, all having in direct 
object the establishment of an absolute Tyranny over these 
States. To prove this, let Facts be submitted to a candid world. 

— He has refused his Assent to Laws, the most wholesome and 
necessary for the public good. — He has forbidden his Governors 
to pass Laws of immediate and pressing importance, unless 
suspended in their operation till his Assent should be ob- 
tained; and when so suspended, he has utterly neglected to 
attend to them. — He has refused to pass other Laws for 
the accommodation of large districts of people, unless those 
people would relinquish the right of Representation in the 
Legislature, a right inestimable to them and formidable to 
tyrants only. — He has called together legislative bodies at 
places unusual, uncomfortable, and distant from the deposi- 
tory of their Public Eecords, for the sole purpose of fa- 
tiguing them into compliance with his measures. — He has 
dissolved Representative Houses repeatedly, for opposing 
with manly firmness his invasions on the rights of the 
people. — He has refused for a long time, after such dissolu- 
tions, to cause others to be elected ; whereby the Legislative 
Powers, incapable of Annihilation, have returned to the 
People at large for their exercise; the State remaining in 
the mean time exposed to all the dangers of invasion from 
without, and convulsions within. — He has endeavoured to 
prevent the population of these States ; for that purpose 
obstructing the Laws for Naturalization of Foreigners; 
refusing to pass others to encourage their migration hither, 
and raising the conditions of new Appropriations of Lands. 

— He has obstructed the Administration of Justice, by re- 
fusing his Assent to Laws for establishing Judiciary 
Powers. — He has made Judges dependent on his will 
alone, for the tenure of their offices, and the amount and 



DECLARATION OF INDEPENDENCE 461 

payment of their salaries. — He has erected a multitude of 
New Offices, and sent hither swarms of Officers to harass 
our People, and eat out their substance. — He has kept 
among us, in times of peace, Standing Armies without the 
Consent of our legislature. — He has affected to render 
the Military independent of and superior to the Civil 
Power. — He has combined with others to subject us to a 
jurisdiction foreign to our constitution, and unacknowledged 
by our laws; giving his Assent to their acts of pretended 
legislation : — For quartering large bodies of armed troops 
among us : — For protecting them, by a mock Trial, from 
Punishment for any Murders which they should commit on 
the Inhabitants of these States : — For cutting off our Trade 
with all parts of the world : — For imposing taxes on us 
without our Consent : — For depriving us in many cases, of 
the benefits of Trial by Jury : — For transporting us beyond 
Seas to be tried for pretended offence: — For abolishing the 
free System of English Laws in a neighbouring Province, 
establishing therein an Arbitrary government, and enlarging 
it Boundaries so as to render it at once an example and fit 
instrument for introducing the same absolute rule into these 
Colonies: — For taking away our Charters, abolishing our 
most valuable Laws, and altering fundamentally the Forms 
of our Governments: — For suspending our own Legislature, 
and declaring themselves invested with Power to legislate 
for us in all cases whatsoever. — He has abdicated Gov- 
ernment here, by declaring us out of his Protection and 
waging War against us. — He has plundered our seas, 
ravaged our Coasts, burnt our towns, and destroyed the lives 
of our people. — He is at this time transporting large armies 
of foreign mercenaries to compleat the works of death, 
desolation and tyranny, already begun with circumstances 
of Cruelty & perfidy scarcely paralleled in the most bar- 
barous ages, and totally unworthy the Head of a civilized 
nation. — He has constrained our fellow Citizens taken 
Captive on the high Seas to bear Arms against their Coun- 



462 INDEPENDENCE 

try, to become the executioners of their friends and Brethren, 
or to fall themselves by their Hands. — He has excited 
domestic insurrections amongst us. and has endeavoured to 
bring on the inhabitants of our frontiers, the merciless Indian 
Savages, whose known rule of warfare, is an undistinguished 
destruction of all ages, sexes and conditions. In every 
stage of these Oppressions We have Petitioned for Redress 
in the most humble terms : Our repeated Petitions have 
been answered only by repeated injury. A Prince, whose 
character is thus marked by every act which may define a 
Tyrant, is unfit to be the ruler of a free people. Nor have 
We been wanting in attentions to our Brittish brethren. 
We have warned them from time to time of attempts by 
their legislature to extend an unwarrantable jurisdiction 
over us. We have reminded them of the circumstances of 
our emigration and settlement here. We have appealed to 
their native justice and magnanimity, and we have conjured 
them by the ties of common kindred to disavow these 
usurpations, which would inevitably interrupt our connec- 
tions and correspondence. They too have been deaf to the 
voice of justice and of consanguinity. We must, therefore, 
acquiesce in the necessity, which denounces our Separation, 
and hold them, as we hold the rest of mankind, Enemies 
in War, in Peace Friends. — 

TOe, tljerefarc, the Representatives of the unitcti states of 
America, in General Congress, Assembled, appealing to the 
Supreme Judge of the world for the rectitude of our in- 
tentions, do, in the Name, and by Authority of the good 
People of these Colonies, solemnly publish and declare. 
That these United Colonies are, and of Right ought to be, 
iFrce anti 3Inti£pcntimt States; that they are Absolved from 
all Allegiance to the British Crown, and that all political 
connection between them and the State of Great Britain, is 
and ought to be totally dissolved ; and that as Free and 
Indepexdent States, they have full Power to levy War, 
conclude Peace, contract Alliances, establish Commerce, and 



ANTI-SOCIAL FORCES 463 

to do all other Acts and Things which Independent 
States may of right do. — And for the support of this Dec- 
laration, with a firm reliance on the protection of divine 
Providence, we mutually pledge to each other our Lives, 
our Fortunes and our sacred Honor. 

JOHN HANCOCK. 

[Signatures of the other representatives of the thirteen 
States.] 

142. Anti-Social Tendencies of the Pre -Revolutionary Measures 

a. Closing of the Courts 

From " Passages from an Autobiography" in John Adams' Works (II, 
420-421). 

The passage illustrates one of the forces that drove many of the respect- 
able classes into Tory ranks. 

An event of the most trifling nature in appearance, and fit 
only to excite laughter in other times, struck me into a pro- 
found reverie, if not a lit of melancholy. I met a man who 
had sometimes been my client, and sometimes I had been 
against him. He, though a common horse-jocky, was some- 
times in the right, and I had commonly been successful in his 
favor in our courts of law. He was always in the law, and 
had been sued in many actions at almost every court. As 
soon as he saw me, he came u^) to me, and his first salutation 
to me was, " Oh ! Mr. Adams, what great things have you and 
your colleagues done for us ! We can never be grateful enough 
to you. There are no courts of justice now in this Province 
and I hope there never will be another." Is this the object 
for which I have been contending ? said I to myself, for I 
rode along without any answer to this wretch. Are these 
the sentiments of such people, and how many of them are 
there in the country ? Half the nation, for what I know ; 
for half the nation are debtors, if not more, and these have 



464 INDEPENDENCE 

been, in all countries, the sentiments of debtors. If the 
power of the country should get into such hands, and there is 
great danger that it will, to what purpose have we sacrificed 
our time, health and every thing else ? Surely we must guard 
against this spirit and these principles, or we shall repent of 
all our conduct. However, the good sense and integrity of the 
majority of the great body of the i^eople came into my thoughts, 
for my relief, and the last resource was after all in a good 
Providence. 

h. Mob Violence, to enforce the '' Association" 

From an anonymous parody, expressing the loyalist's dilemma, in 
Moore's Diary of the American Bevolution, I, 169. 

To sign, or not to sign ! — That is the question : 

Whether 'twere better for an honest man 

To sign — and so be safe ; or to resolve, 

Betide what will, against 'associations' 

And, by retreating, shun them. To fly — I reck 

Not where — and by that flight to 'scape 

Feathers and tar, and thousand other ills 

That Loyalty is heir to. 'Tis a consummation 

Devoutly to be wished. To fly — to want — 

To want — perchance to starve ! Ay there's the rub ! 



c. Corresjjondence between a Tory and a Committee 

Niles' Principles and Acts of the Bevolution, 260-261. 

I acknowledge to have wrote a piece, and did not sign it, since 
said to be an extract of a letter from Kent county, on Delaware, 
published in Humphreys' Ledger, No. 3. It was not dated from 
any place, and is some altered from the original. I folded it 
up and directed the same to J. F. and Sons. I had no inten- 
tion to have it published ; and further, I let them know the 
author thought best it should not be published; nor did I 



COERCION BY COMMITTEES 465 

think they would. — I am sincerely sorry I ever wrote it, as 
also for its being published, and hope I shall be excused for 
this, my first breach in this way, and I intend it shall be 
the last. 

R. H. 
To the coitimittee of correspondence for Kent county^ on Dela- 
ivare. May 2d, 1775. 

Sir. — The president of the committee of correspondence, by 
and with the advice of such other of the members of that com- 
mittee as he was able to collect and consult, this day laid be- 
fore the committee of inspection for this county, your letter 
wherein you confess yourself to be the author of the Kentish 
letter (commonly so called) published in 3d No. of Humphreys' 
Ledger. 

The committee took the same into consideration, and have 
unanimously resolved that it is unsatisfactory, and you are 
requested to attend the committee at their next meeting on 
Tuesday the 9th inst. at French Battell's, in Dover and render 
such satisfaction to the committee, as will enable them to clear 
the good people of this county from the aspertions of that let- 
ter, and justify them in the eyes of the public. 
Signed by order of the committee. 
To R. H. 

Gentlemen". — With sorrow and contrition for my weak- 
ness and folly, I confess myself the author of the letter, from 
which an extract was published in the 3d No. of Humphreys' 
Ledger, said to be from Kent county, on Delaware ; but at the 
same time to declare it was published without my consent, 
and not without some alterations. 

I am now convinced that the political sentiments therein 
contained, were founded on the grossest error ; more especially 
that malignant insinuation, that " if the king's standard were 
now erected, nine out of ten would repair to it," could not 
have been suggested, but from the deepest infatuation. True 



466 INDEPENDENCE 

indeed it is, the people of this county have ever shewn a 
zealous attachment to his majesty's person and government, 
and whenever he raised his standard in a just cause, were 
ready to flock to it : but let the severe account I now render to 
an injured people, witness to the world, that none are more 
ready to oppose tyranny or to be first in the cause of liberty, 
than the inhabitants of Kent county. 

Conscious that I can render no satisfaction adequate to the 
injury I have done my country, I can only beg the forgiveness 
of my countrymen, upon those principles of humanity, which 
may induce them to consider the frailty of human nature — 
and I do profess and promise, that I will never again oppose 
those laudable measures, necessarily adopted by my country- 
men, for the preservation of American freedom : but will co- 
operate with them to the utmost of my abilities, in their 
virtuous struggle for liberty (so far as is consistent with my 
religious principles). R. H. 

Eesolved unanimously, that the committee do think the 
above recantation fully satisfactory. 

THO'S. NIXON, Jr. Clerk. 
May 9th, 1775. 

143. An Oath of Allegiance to a New State, 1777 
A facsimile from Scliarf and AVestcott's History of Philadelphia, I, 338. 

o o 



I Id O hereby C E R T T F Y, That % 



% % hath voluntai^fy taken arro fublcribedthe Oath »p-Af- o P 

«H iMqnF«A4««n of Allegiance and Fidelity, as direAed by an g s 

^ o A<^ of General Aflembly of Pennfylvania, pafled the o *^ 

o 1 3th day of June, A. D. >^7y Witnefs my hand % 



o 




% and feal, the 
o 

PRINTED BY JOMTJ DUNLAr. 




DREAD OF FRENCH CONQUEST 467 

144. A Loyalist's Suggestion of the Danger to American Liberty 
in the French Alliance, 1779 

Tyler's Literary History of the Bevolution, II, 75-76. The extracts 
come from a keen pamphlet by a Tory, with the style of a " diary " of the 
year 1789 — ten years later than the publication, to intimate what would 
then be the condition in America under French rule. 

Boston, November 10, 1789. — His Excellency, Count Tyran, 
has this day published, by authority from his majesty, a proc- 
lamation for the suppresion of heresy and establishment of the 
inquisition in this town, which has already begun its functions 
in many other places of the continent under his majesty's 
dominion. 

The use of the Bible in the vulgar tongue is strictly 
prohibited, on pain of being punished by discretion of the 
inquisition. 

November 11. — The Catholic religion is not only outwardly 
professed, but has made the utmost progress among all ranks 
of people here, owing, in a great measure, to the unwearied 
labors of the Dominican and Franciscan friars, who omit no 
opportunity of scattering the seeds of religion, and converting 
the wives and daughters of heretics. We hear that the build- 
ing formerly called the Old South Meeting, is fitting up for a 
cathedral, and that several other old meeting-houses are soon 
to be repaired for convents. 

November 12. — This day being Sunday, the famous Samuel 
Adams read his recantation of heresy, after which he was 
present at mass, and we hear he will soon receive priest's orders 
to qualify him for a member of the American Sorbonne. . . . 

The king has been pleased to order that five thousand of the 
inhabitants of Massachusetts Bay should be drafted to supply 
his garrisons in the West Indies; the of&cers for them are 
already arrived from France. 

New York, November 15. — The edict for prohibiting the 
use of the English language, and establishing that of the French 



468 INDEPENDENCE 

in all law proceedings, will take place on the 20tli instant. At 
the same time, the ordinance for abolishing trials by juries, 
and introducing the imperial law, will begin to take effect. . . . 

November 17. — A criminal of importance, who has been 
long imprisoned in the New Bastille, was this day privately 
beheaded. He commanded the American forces against Great 
Britain for a considerable time, but was confined by order of 
the government on suspicion of possessing a dangerous influ- 
ence in a country newly conquered, and not thoroughly set- 
tled.i . . . 

The king has been pleased to parcel out a great part of the 
lands in America to noblemen of distinction, who will grant 
them again to the peasantry upon leases at will, with the 
reservation of proper rents and services. 

His majesty has been graciously pleased to order that none 
of the natives of America shall keep any firearms in their 
possession, upon pain of being sentenced to the galleys. . . . 

November 22. — We hear from Williamsburg, in Virginia, 
that some commotions took place there when the new capita- 
tion tax was first executed. But the regiment of Bretagne, 
being stationed in that neighborhood, speedily suppressed 
them by firing upon the populace, and killing fifty on the spot. 
It is hoped that this example will prevent any future insurrec- 
tion in that part of the country. 

November 23. — His majesty has directed his viceroy to send 
five hundred sons of the principal inhabitants of America, to be 
educated in France, where the utmost care will be taken to 
imbue them with a regard for the Catholic faith, and a due 
sense of subordination to government. 

145. How the Revolution set free Social Forces 

David Ramsey's History of the American Revolution (1789), II, 315 ff. 
Dr. Ramsey was a citizen of Soutli Carolina. 

When the war began, the Americans were a mass of hus- 

1 The student will see that Washington is here designated. 



NEW SOCIAL FORCES 469 

bandraen, merchants, mechanics, and fishermen ; but the 
necessities of the country gave a sirring to the active powers of 
the inhabitants, and set them on tliinking, speaking, and 
acting, in a line far beyond that to which they had been 
accustomed. The difference between nations is not so much 
owing to nature, as to education and circumstances. While 
the Americans were guided by the leading strings of the 
mother country, they had no scope nor encouragement for 
exertion. All the departments of government were established 
and executed for them, but not by them. In the years 1775 
and 1776, the country, being suddenly thrown into a situation 
that needed the abilities of all its sons, these generally took 
their places, each according to the bent of his inclination. As 
they severally pursued their objects with ardor, a vast exixinsion 
of the human mind speedily followed. This displayed itself in 
a variety of ways. It was found that the talents for great 
stations did not differ in kind, but only in degree, from those 
which were necessary for the proper discharge of the ordinary 
business of civil society. . . . 



E. CONFEDERATION AND CONSTITUTION 

XXIV. THE AKTICLES OF C0:N'FEDERATI0N 

146. Debates in the Continental Congress on the Articles of 
Confederation 

John Adams (Works, II, 492-502) preserved fairly full notes upon 
part of the discussion on the Articles. The parts dealing with western 
lands, with basis of taxation, and with the equality of the States in 
Congress are reproduced here. The form is rather fragmentary ; and, in 
some cases, allusions are made which it would take too long to explain 
here. But the student can at least get the general drift and the align- 
ment of the States on the opposing sides. 

In Committee of the Whole 

1776. July 25. Article 14 of the confederation. Terms in 
this Article equivocal and indefinite.^ 

Jefferson. The limits of the Southern Colonies are fixed. 
Moves an amendment, that all purchases of lands, not within 
the boundaries of any Colony, shall be m'ade by Congress of 
the Indians in a great Council. 

Sherman seconds the motion. 

Chase [Maryland]. The intention of this Article is very 
obvious and plain. The Article appears to me to be right and 
the amendment wrong. It is the intention of some gentlemen 
to limit the boundaries of particular States. No Colony has a 
right to go to the South Sea ; they never had ; they can't have. 
It would not be safe to the rest. It would be destructive to 
her sisters and to herself. 

1 The di-aft then read: "No purchases of lands hereafter to be made of 
the Indians, by Congress or private persons, before the limits of the Colonies 
are ascertained, to be valid." The purpose was to prevent Virginia and 
other large States from selling their western lands for their private profit. 
This was part of the " Small-State " plan, and was not adopted. 

470 



FORMING THE CONFEDERATION 471 

Article 15. Jefferson. What are reasonable limits ? 
What security have we, that the Congress will not curtail the 
present settlements of the States ? I have no doubt that the 
Colonies will limit themselves. 

Wilson. Every gentleman has heard much of claims to the 
South Sea. They are extravagant. The grants were made 
upon mistakes. They were ignorant of the Geography. They 
thought the South Sea within one hundred miles of the 
Atlantic Ocean. It was not conceived that they extended 
three thousand miles. Lord Camden considers the claims to 
the South Sea, as what never can be reduced to practice. 
Pennsylvania has no right to interfere in those claims, but 
she has a right to say, that she will not confederate unless 
those claims are cut off. I wish the Colonies themselves would 
cut off those claims. . . . 

July 30. Article 17. " In determining questions, each 
Colony shall have one vote." 

Dr. FranMin. Let the smaller Colonies give equal money 
and men, and then have an equal vote. But if they have an 
equal vote without bearing equal burthens, a confederation 
upon such iniquitous principles will never last long. 

Dr. Witherspoon [New Jersey]. AVe all agree that there 
must and shall be a confederation for this war. . . . The 
greatest danger we have, is of disunion among ourselves. Is 
it not plausible that the small States will be oppressed by the 
great ones ? The Spartans and the Helotes. The Romans 
and their dependents. Every Colony is a distinct person. . . . 

ClarTc. We must apply for pardons if we don't confederate. 

Wilson. We should settle upon some plan of representation. 



Wilson. If the war continues two years, each soul will 
have forty dollars to pay of the public debt. It will be the 
greatest encouragement to continue slave-keeping and to in- 
crease it, that can be, to exempt them from the numbers which 
are to vote and pay. Slaves are taxables in the Southern 



472 THE ARTICLES OF CONFEDERATION 

Colonies. It will be partial and unequal. Some Colonies 
have as many black as white ; these will not pay more than 
half what they ought.^ Slaves prevent freemen from culti- 
vating a country. It is attended with many inconveniences. 

Lynch [South Carolina]. If it is debated, whether their 
slaves are their property, there is an end of the confederation. 
Our slaves being our property, why should they be taxed more 
than the land, sheep, cattle, horses, etc. ? 

Freemen cannot be got to work in our Colonies ; it is not in 
the ability or inclination of freemen to do the work that the 
negroes do. Carolina has taxed their negroes ; so have other 
Colonies their lands. 

Dr. Franklin. Slaves rather weaken than strengthen the 
State, and there is therefore some difference between them 
and sheep ; sheep will never make any insurrections. 

Rutledge. I shall be happy to get rid of the idea of slavery. 
The slaves do not signify property ; the old and young cannot 
work. The property of some Colonies is to be taxed, in others, 
not. The Eastern Colonies will become the carriers for the 
Southern ; they will obtain wealth for which they will not be 
taxed. 

August 1. Hooper. North Carolina is a striking exception 
to the general rule that was laid down yesterday, that the 
riches of a country are in proportion to the numbers of in- 
habitants. A gentleman of three or four hundred negroes 
don't raise more corn than feeds them. A laborer can't be 
hired for less than twenty-four pounds a year in Massachusetts 
Bay. The net profit of a negro is not more than five or six 
pounds per annum. I wish to see the day that slaves are not 
necessary. Whites and negroes cannot work together. 
Negroes are goods and chattels are property. A negro works 
under the impulse of fear, has no care of his master's interest.^ 

1 The plan then was that the colonies should contribute money in propor- 
tion to their white population. This was afterward amended. See Articles. 

2 Mr. Chase's amendment (to count slaves in apportioning representatives 
in Congress) was lost. Seven States, New Hampshire, Massachusetts, Rhode 



FORMING THE CONFEDERATION 473 

The Consideration of the Seventeenth Article resumed 

Article 17. Dr. Franklin moves that votes should be in 
proportion to numbers. Mr. Middleton moves that the vote 
should be according to what they pay. 

Sherman thinks we ought not to vote according to numbers. 
We are representatives of States, not individuals. States of 
Holland. The consent of every one is necessary. Three 
Colonies would govern the whole, but would not have a 
majority of strength to carry those votes into execution. 
The vote should be taken two ways ; call the Colonies, and call 
the individuals, and have a majority of both.^ 

Dr. Rush. Abbe Raynal has attributed the ruin of the 
United Provinces [Netherlands] to three causes. The principal 
one is, that the consent of every State is necessary ; the other, 
that the members are obliged to consult their constituents 
upon all occasions. AYe lose an equal representation ; we 
represent the people. It will tend to keep up colonial dis- 
tinctions. We are now a new nation. ... If we vote by 
numbers, liberty will be always safe. Massachusetts is con- 
tiguous to two small Colonies, Rhode Island and New 
Hampshire; Pennsylvania is near New Jersey and Delaware; 
Virginia is between Maryland and North Carolina. . . . 
Montesquieu pronounces the confederation of Lycia the best 
that ever was made ; the cities had different weights in the 
scale. ... I would not have it understood that I am pleading 
the cause of Pennsylvania ; when I entered that door, I con- 
sidered myself a citizen of America. 

G. Hopkins [Rhode Island]. A momentous question; many 
difficulties on each side ; four larger, five lesser, four stand 

Island, Connecticut, New York, New Jersey, and Pennsylvania voted against 
it. Delaware, Maryland, Virginia, North and South Carolina voted for it, 
Georgia was divided. 

1 A suggestion almost of a two-house Congress, similar to the " Connecti- 
cut Compromise " adopted for our present Constitution. 



474 THE CONFEDERATION 

indifferent. Virginia, Massachusetts, Pennsylvania, Maryland, 
make more than half the people. 

... It can't be expected that nine Colonies will give way 
to be governed by four. The safety of the whole depends upon 
the distinctions of Colonies. 

Dr. FravMin. I hear many ingenious arguments to persuade 
us that an unequal representation is a very good thing. If we 
had been born and bred under an unequal representation, we 
might bear it ; but to set out with an unequal representation 
is unreasonable. It is said the great Colonies will swallow up 
the less. Scotland said the same thing at the union. 



August 2. " Limiting the bounds of States, which by char- 
ter, &c. extend to the South Sea." 

Sherman thinks the bounds ought to be settled. A majority 
of States have no claim to the South Sea. Moves this amend- 
ment to be substituted in place of this clause, and also instead 
of the fifteenth article ; — '' No lands to be separated from any 
State, which are already settled, or become private property." 

Cliase [Maryland] denies that any Colony has a right to go 
to the South Sea. 

Harrison [Virginia]. How came Maryland by its land, but 
by its charter ? By its charter, Virginia owns to the South 
Sea. G-entlemen shall not pare away the Colony of Virginia. 
Rhode Island has more generosity than to wish the Massa- 
chusetts pared away. Delaware does not wish to pare away 
Pennsylvania. 

Huntington. Admit there is danger from Virginia, does it 
follow that Congress has a right to limit her bounds ? The 
consequence is, not to enter into confederation. . . . 

Stone [Maryland] ... Is it meant that Virginia shall sell 
these lands for their own emolument ? All the Colonies have 
defended these lands against the King of Britain, and at the 
expense of all. Does Virginia intend to establish quit 
rents? . « . 



ARTICLES OF CONFEDERATION 475 

Jefferson. I protest against the right of Congress to decide 
upon the right of Virginia. Virginia has released all claims 
to the land settled by Maryland, &c. 

[This clause, as to limiting the western claims, was stricken out in 
committee. The subsequent history of the struggle is well known, ter- 
minating in the acts of cession of claims to the western territory. For 
details, of. American History and Government. §§ 179-180. 

Jefferson's Notes on this same debate {Journals of Congress, VI, 1104, 
— from a MS. of Jefferson's) contain the following additional item : 
" John Adams advocated voting in proportion to numbers. He said that 
we stand here as representatives of the people ; that in some States the 
people are many, in others they are few . . . that the individuality of 
the colonies is a mere sound. ... It has been said we are independent 
individuals making a bargain together : the question is not what we are now, 
but what we ought to be when our bargain shall be made. The Confederacy 
IS TO MAKE US oxE individual only ; it is to fuse us, like separate parcels 
of metal, into one common mass. . . ."i] 

147. Articles of Confederation. 

November 1.5, 1777 
March 2, 1781 

Text from Bevised Statutes of 1878. For history, cf . American History 
and Government, §§ 179, 186-188 ff. The editor has used black-faced type 
to indicate a few passages especially important for study. 

The Articles were adopted by Congress, and recommended to the 
States, November 15, 1777. The delegates from the several States signed 
as follows : New Hampshire, Massachusetts Bay, Rhode Island and 
Providence Plantations, Connecticut, New York, Pennsylvania, Virginia, 
and South Carolina, July 9, 1778 ; North Carolina, July 21, 1778 ; Georgia, 
July 24, 1778; New Jersey, Nov. 26, 1778 ; Delaware, May 5, 1779 ; Mary- 
land, March 1, 1781. Congress met under the Articles, March 2, 1781. 

To all to whom these Presents shall come, we the undersigned 
Delegates of the States affixed to our Names send greeting 

Whereas the Delegates of the United States of America in 
Congress assembled did on the fifteenth day of jSTovember in 

1 Did Adams then think that, before the new Articles should have been 
accepted, the states were constitutionally one nation or thirteen? Cf. Ameri- 
can History and Government, § 187 and notes. 



476 THE CONFEDERATION 

the year of our Lord One Thousand Seven Hundred and Seven- 
ty-seven, and in the Second Year of the Independence of Amer- 
ica, agree to certain articles of Confederation and perpetual 
Union between the States of Newhampshire, Massachusetts- 
bay, E-hodeisland and Providence Plantations, Connecticut, 
New York, New Jersey, Pennsylvania, Delaware, Maryland, 
Virginia, North-Carolina, South-Carolina and Georgia in the 
Words following, viz. 

Articles of Oon federation and perpetual Union between the 
States of JSfewhamshire, Massachusetts-bay, Wiodeisland and 
Providence Plantations, Connecticut, New York, New Jersey, 
Pennsylvania, Delaioare, Maryland, Virginia, North Carolina, 
South Carolina, and Georgia. 

Article I. — The stile of this Confederacy shall be, " The 
United States of America.'' 

Art. II. — Each State retains its sovereignty, freedom, and inde- 
pendence, and every power, jurisdiction, and right, which is not by 
this Confederation expressly delegated to the United States, in Con- 
gress assembled. 

Art. III. — The said States hereby severally enter into a 
firm league of friendship with each other, for their common defence, 
the security of their liberties, and their mutual and general wel- 
fare, binding themselves to assist each other against all force 
offered to, or attacks made upon them, or any of them, on ac- 
count of religion, sovereignty, trade, or any other pretence what- 
ever. 

Art. IV. — The better to secure and perpetuate mutual friend- 
ship and intercourse among the people of the States in this 
Union, the free inhabitants of each of these states, paupers, vaga- 
bonds, and fugitives from justice excepted, shall be entitled to 
all privileges and immunities of free citizens in the several States ; 
and the people of each State shall have free ingress and egress 
to and from any other State, and shall enjoy therein all the 
privileges of trade and commerce subject to the same duties, 
impositions, and restrictions as the inhabitants thereof respec- 



ARTICLES OF CONFEDERATION 477 

tively ; provided that such restrictions shall not extend so far 
as to prevent the removal of property imported into any State 
to any other State of which the owner is an inhabitant : pro- 
vided also that no imposition, duties, or restriction shall be 
laid by any State on the property of the United States, or either 
of them. 

If any person guilty of, or charged with treason, felony, or other 
high misdemeanor in any State, shall flee from justice, and be found 
in any of the United States, he shall upon demand of the Governor or 
Executive power of the State from which he fled, be delivered up and 
removed to the State having jurisdiction of his offence. 

Full faith and credit shall be given in each of these States to the 
records, acts, and judicial proceedings of the courts and magistrates 
of every other State. 

Article V. — For the more convenient management of the 
general interest of the United States, delegates shall be an- 
nually appointed in such manner as the legislature of each State 
shall direct, to meet in Congress on the first Monday in Novem- 
ber, in every year, with a power reserved to each State, to recall 
its delegates, or any of them, at any time within the year, and 
to send others in their stead, for the remainder of the year. 

No State shall be represented in Congress by less than two, 
nor by more than seven members; and no person shall be 
capable of being a delegate for more than three years in any 
term of six years ; nor shall any person, being a delegate, be 
capable of holding any office under the United States, for 
which he, or another for his benefit, receives any salary, fees 
or emolument of any kind. 

Each State shall maintain its own delegates in a meeting of the 
States, and while they act as members of the committee of the 
States. 

In determining questions in the United States, in Congress 
assembled, each State shall have one vote. 

Freedom of speech and debate in Congress shall not be impeached 
or questioned in any court, or place out of Congress, and the members 
of Congress shall be protected in their persons from arrests and im- 



478 THE CONFEDERATION 

prisonments, during the time of their going to and from, and attend- 
ance on Congress, except for treason, felony, or breach of the peace. 

Article VI. No State without the consent of the United States in 
Congress assembled, shall send any embassy to, or receive any 
embassy from, or enter into any conference, agreement, alliance or 
treaty with any king, prince or state; nor shall any person holding 
any office of profit or trust under the United States, or any of them, 
accept of any present, emolument, office or title of any kind whatever 
from any king, prince or foreign state ; nor shall the United States 
in Congress assembled, or any of them, grant any title of nobility. 

No two or more States shall enter into any treaty, confedera- 
tion or alliance whatever between them, without the consent of 
the United States in Congress assembled, specifying accu- 
rately the purposes for which the same is to be entered into, 
and how long it shall coutinue. 

No state shall lay any imposts or duties, which may interfere 
with any stipulations in treaties entered into by the United 
States, in Congress assembled, with any king, prince, or state, 
in pursuance of any treaties already proposed by Congress to 
the courts of France and Spain. 

No vessel of war shall be kept up in time of peace by any 
State, except such number only as shall be deemed necessary 
by the United States, in Congress assembled, for the defence of 
such State or its trade, nor shall any body of forces be kept up 
by any State in time of peace, except such number only as, in 
the judgment of the United States, in Congress assembled, shall 
be deemed requisite to garrison the forts necessary for the de- 
fence of such State; but every State shall always keep up a 
well-regulated and disciplined militia, sufficiently armed and 
accoutred, and shall provide and constantly have ready for use 
in public stores a due number of field-pieces and tents, and a 
proper quantity of arms, ammunition, and camp equipage. 

No State shall engage in any war without the consent of the 
United States, in Congress assembled, unless such State be 
actually invaded by enemies, or shall have received certain ad- 
vice of a resolution being formed by some nation of Indians to 
invade such State, and the danger is so imminent as not to ad- 



ARTICLES OF CONFEDERATION 479 

mit of a delay till the United States, in Congress assembled, 
can be consulted ; nor shall any State grant commissions to any 
ships or vessels of war, nor letters of marque or reprisal, except 
it be after a declaration of war by the United States, in Con- 
gress assembled, and then only against the kingdom or state, 
and the subjects thereof, against which war has been so de- 
clared, and under such regulations as shall be established by 
the United States, in Congress assembled, unless such State 
be infested by pirates, in which case vessels of war may be 
fitted out for that occasion, and kept so long as the danger 
shall continue, or until the United States, in Congress assem- 
bled, shall determine otherwise. 

Art. VII. — When land forces are raised by any State for 
the common defence, all officers of or under the rank of Colonel 
shall be appointed by the Legislature of each State respectively 
by whom such forces shall be raised, or in such manner as such 
State shall direct, and all vacancies shall be filled up by the 
States which first made the appointment. 

Art. VIIL — All charges of war, and all other expenses 
that shall be incurred for the common defence or federal wel- 
fare, and allowed by the United States in Congress assembled, 
shall be defrayed out of a common treasury, which shall be 
supplied by the several States, in proportion to the value of all 
land within each State, granted to or surveyed for any person, 
as such land and the buildings and improvements thereon shall 
be estimated according to such mode as the United States 
in Congress assembled, shall from time to time direct and 
appoint. 

The taxes for paying that proportion shall be laid and levied 
by the authority and direction of the Legislatures of the several 
States within the time agreed upon by the United States in 
Congress assembled. 

Article IX.^ — The United States in Congress assembled, 
shall have the sole and exclusive right and power of determin- 
ing on peace and war, except in the cases mentioned in the 

1 Summarize briefly the enumeration of powers in this Article. 



480 THE CONFEDERATION 

sixth article — of sending and receiving ambassadors — enter- 
ing into treaties and alliances, provided that no treaty of 
commerce shall be made whereby the legislative power of the 
respective States shall be restrained from imposing such imposts 
and duties on foreigners, as their own people are subjected to, 
or from prohibiting the exportation or importation of any 
species of goods or commodities whatsoever — of establishing 
rules for deciding in all cases, what captures on land or water 
shall be legal, and in what manner prizes taken by land or 
naval forces in the service of the United States shall be divided 
or appropriated — of granting letters of marque and reprisal 
in times of peace — appointing courts for the trial of piracies 
and felonies committed on the high seas and establishing courts 
for receiving and determining finally appeals in all cases of 
captures, provided that no member of Congress shall be ap- 
pointed a judge of any of the said courts. 

The United States in Congress assembled shall also be the 
last resort on appeal in all disputes and differences now sub- 
sisting or that hereafter may arise between two or more States 
concerning boundary, jurisdiction or any other cause whatever ; 
which authority shall always be exercised in the manner fol- 
lowing. [A long passage as to method of constituting com- 
missioners to decide such contests.] 

The United States in Congress assembled shall also have the 
sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority, or by that of the 
respective States — fixing the standard of weights and measures 
throughout the United States — regulating the trade and man- 
aging all affairs with the Indians, not members of any of the 
States, provided that the legislative right of any State within 
its own limits be not infringed or violated — -establishing and 
regulating post-offices from one State to another, throughout 
all the United States, and exacting such postage on the papers 
passing thro' the same as may be requisite to defray the ex- 
penses of the said office — appointing all officers of the land 
forces, in the service of the United States, excepting regimental 



ARTICLES OF CONFEDERATION 481 

officers — appointing all the officers of the naval forces, and 
commissioning all officers whatever in the service of the United 
States — making rules for the government and regulation of 
the said land and naval forces, and directing their operations. 

The United States in Congress assembled shall have au- 
thority to appoint a committee, to sit in the recess of Congress, 
to be denominated " a Committee of the States," and to consist 
of one delegate from each State; and to appoint such other 
committees and civil officers as may be necessary for manage- 
ing the general affairs of the United States under their direc- 
tion — to appoint one of their number to preside, provided that 
no person be allowed to serve in the office of president more 
than one year in any term of three years ; to ascertain the 
necessary sums of money to be raised for the service of the 
United States, and to appropriate and apply the same for de- 
fraying the public expenses — to borrow money, or emit bills 
on the credit of the United States, transmitting every half 
year to the respective States an account of the sums of money 
so borrowed or emitted, — to build and equip a navy — to agree 
upon the number of land forces, and to make requisitions from 
each State for its quota, in proportion to the number of w^hite 
inhabitants in such State ; which requisition shall be binding ; and 
thereupon the Legislature of each State shall appoint the regi- 
mental officers, raise the men, and clothe, arm, and equip them 
in a soldier-like manner, at the expense of the United States ; 
and the officers and men so clothed, armed, and equipped shall 
march to the place appointed, and within the time agreed on 
by the United States, in Congress assembled ; but if the United 
States, in Congress assembled, shall, on consideration of cir- 
cumstances, judge proper that any State should not raise men, 
or should raise a smaller number than its quota, and that any 
other State should raise a greater number of men than the 
quota thereof, such extra number shall be raised, officered, 
clothed, armed, and equipped in the same manner as the quota 
of such State, unless the Legislature of such State shall judge 
that such extra number cannot be safely spared out of the 



482 THE CONFEDERATION 

same, in which case they shall raise, oflB.cer, clothe, arm, and 
equip as many of such extra number as they judge can be 
safely spared, and the officers and men so clothed, armed, and 
equipped shall march to the place appointed, and within the 
time agreed on by the United States, in Congress assembled. 

The United States, in Congress assembled, shall never en- 
gage in a war, nor grant letters of marque and reprisal in time 
of peace, nor enter into any treaties or alliances, nor coin 
money, nor regulate the value thereof, nor ascertain the sums 
and expenses necessary for the defence and welfare of the 
United States, or any of them, nor emit bills, nor borrow money 
on the credit of the United States, nor appropriate mone}^, nor 
agree upon the number of vessels of w^ar to be built or pur- 
chased, or the number of land or sea forces to be raised, nor 
appoint a commander-in-chief of the army or navy, unless nine 
States assent to the same ; nor shall a question on any other 
point, except for adjourning from day to day, be determined, 
unless by the votes of a majority of the United States, in Con- 
gress assembled. 

The Congress of the United States shall have power to ad- 
journ to any time within the year, and to any place within the 
United States, so that no period of adjournment be for a longer 
duration than the space of six months, and shall publish the 
journal of their proceedings monthly, except such parts thereof 
relating to treaties, alliances, or military operations as in their 
judgment require secrecy ; and the yeas and nays of the dele- 
gates of each State, on any question shall be entered on the 
journal, when it is desired by any delegate ; and the delegates 
of a State, or any of them, at his or their request shall be 
furnished with a transcript of the said journal, except such 
parts as are above excepted, to lay before the Legislatures of 
several States. 

Article X. — The committee of the States, or any nine of 
them, shall be authorized to execute, in the recess of Congress, 
such of the powers of Congress as the United States in Con- 
gress assembled, by the consent of nine States, shall from 



ARTICLES OF CONFEDERATION 483 

time to time think expedient to vest them with ; provided that 
no power be delegated to the said committee, for the exercise 
of which, by the articles of confederation, the voice of nine 
States in the Congress of the United States assembled is 
requisite. 

Article XI. — Canada acceding to this confederation, and 
joining in the measures of the United States, shall be admitted 
into, and entitled to all the advantages of this Union : but no 
other colony shall be admitted into the same, unless such ad- 
mission be agreed to by nine States. 

Article XII. — All bills of credit emitted, monies bor- 
rowed and debts contracted by, or under the authority of 
Congress, before the assembling of the United States, in pur- 
suance of the present confederation, shall be deemed and 
considered as a charge against the United States, for payment 
and satisfaction whereof the said United States, and the public 
faith are hereby solemnly pledged. 

Article XIII. — Every State shall abide by the determinations of 
the United States in Congress assembled, on all questions which 
by this confederation are submitted to them. And the articles of 
this confederation shall be inviolably observed by every State, and 
the Union shall be perpetual ; nor shall any alteration at any 
time hereafter be made in any of them ; unless such alteration be 
agreed to in a Congress of the United States, and be afterwards 
confirmed by the Legislatures of every State. 

And whereas it hath pleased the Great Governor of the 
World to incline the hearts of the Legislatures we respectively 
represent in Congress, to approve of, and to authorize us to 
ratify the said articles of confederation and perpetual union. 
Know ye that we the undersigned delegates, by virtue of the 
power and authority to us given for that purpose, do by these 
presents, in the name and in behalf of our respective con- 
stituents, fully and entirely ratify and confirm each and every 
of the said articles of confederation and perpetual union, and 
all and singular the matters and things therein contained. 



484 THE CONFEDERATION 

And we do further solemnly plight and engage the faith of our 
respective constituents, that they shall abide by the determinations 
of the United States, in Congress assembled, on all questions which 
by the said Confederation are submitted to them ; and that the 
Articles thereof shall be inviolably observed by the States we re- 
spectively represent, and that the Union shall be perpetual. 

In witness whereof we have hereunto set our hands in Con- 
gress. Done at Philadelphia in the State of Pennsylvania 
the ninth day of July in the year of our Lord one thousand 
seven hundred and seventy-eight, and in the third year of 
the independence of America. 
[The signatures follow. Cf. introduction, on p. 475, for 
the dates.] 



XXV. THE NATIONAL DOMAIN 

148. Desire for Statehood ; Self-confidence of the West 

Early in 1784, North Carolina ceded her western territory (afterward 
Tennessee) to Congress, giving that body two years in which to accept. 
The Westerners, already bitterly dissatisfied, now complained loudly that 
the mother State had cast them off ; they would not wait two years, 
in anarchy, for possible action by the dilatory Congress; they would 
take their fate at once into their own hands. Accordingly, the three 
counties of eastern Tennessee (the outgrowth of the Watauga settlement, 
numbering now some 10,000 souls) established themselves for a time as 
the State of Frankland (" Land of the Freemen "). 

The militia had been organized by territorial units, each "company" 
from one group of hamlets, or " stations.'' Each " company " now chose 
delegates to a central convention. This " preliminary " convention rec- 
ommended the people to choose another "constitutional convention," i 
with full powers to set up a government. August 23, 1784, this second 
convention, composed of forty delegates with John Sevier as president, 
resolved on immediate statehood, and put forth an interesting address 
to justify that action. The following passage from that address illustrates 
the wild hopes of the West as to immediate development. (Cf. also 
American History and Government, §§ 173-175.) 

" If we should be so happy as to have a separate government, 
vast numbers from different quarters, with a little encourage- 
ment from the public, would fill up our frontier ; which would 
strengthen us, improve agriculture, perfect manufactures, en- 
courage literature and everything truly laudable. The seat 
of government being among ourselves would evidently tend, 
not only to keep a circulating medium in gold and silver 
among us,2but would draw it from many individuals living in 



1 These quoted phrases are the modern terms, of course. The Frank- 
landers called both meetings merely conventions. 

2 This was a matter of supreme moment. The first legislature of the new 
State found it necessary to fix a "currency in kind," as legal-tender, in 
which all business transactions should be carried on, and all government 

485 



486 THE NATIONAL DOMAIN 

other States, who claim large quantities of land that would 
lie within the bounds of the new State." 

[A constitution was adopted by yet a third convention, and government 
instituted under it. North Carolina, however, repealed her cession before 
Congress had accepted it, and reasserted her authority over " Erankland," 
not vi^ithout long and bitter conflict.] 

149. Organization by Congress 

a. A Flan for a Temporary Government of the Western 
Territory. April 23, 1784 

Journals of Congress (1801 edition), IX, 109-110. 

This act is usually known as Jefferson's Territorial Ordinance of 1784. 
For history, cf. American Histonj and Government^ § 181. It is given 
here mainly for comparison with the Ordinance of 1787 (No. 1496), and, 
hy most students^ it can he read to best advantage after a study of that 
document. 

" Resolved that so much of the territory ceded or to be ceded by in- 
dividual states to the United States [the rest of this paragraph provides 
for division into two tiers of states, bounded by alternate parallels of 
latitude, with some rather obscure provisions for fragmentary pieces of 
territory on the north and east, cf. American History and Government., 
§181.] 

" That the settlers on any territory so purchased, and offered for sale, 
shall, either on their own petition or order of Congress, receive authority 
from them, with appointments of time and place, for their free males of 
full age within the limits of their state to meet together, for the purpose 
of establishing a temporary government, to adopt the constitution and 
laws of any one of the original states ; so that such laws nevertheless 
shall be subject to alteration by their ordinary legislature ; and to erect, 
subject to a like alteration, counties, townships, or other divisions, for 
the election of members for their legislature. 

"That when any such state shall have acquired 20,000 free inhabitants, 
on giving due proof thereof to Congress, they shall receive from them 
authority, with appointments of time and place, to call a convention of 

salaries paid. A pound of sugar was to pass for one shilling ; a fox or raccoon 
skin for two shillings ; a gallon of peach brandy for three shillings ; and 
an otter or a deer skin for six shillings. Easterners, even Benjamin Franklin, 
indulged in much laughter at this " money which could not be coanterfeited," 
forgetting how their own fathers had used similar currency. 



ORDINANCE OF 1784 487 

representatives to establish a permanent constitution and government for 
themselves. Provided tliat both the temporary and permanent govern- 
ments be established on tliese principles as their basis : 

" 1st. That they shall for ever remain a part of this confederacy of the 
United States of America. 

"2d. That they shall be subject to the articles of confederation in all 
those cases in which the original states shall be so subject, and to all the 
acts and ordinances of the United States in Congress assembled, conform- 
able thereto. 

"3d. That they in no case shall interfere with the primary disposal 
of the soil by the United States in Congress assembled, nor with the 
ordinances and regulations which Congress may find necessary, for secur- 
ing the title in such soil to the bona fide purchasers. 

"4th. That they shall be subject to pay a part of the federal debts 
contracted or to be contracted, to be apportioned on them by Congress, 
according to the same common rule and measure by which apportion- 
ments thereof shall be made on the other states. 

" 5th. That no tax shall be imposed on lands, the property of the 
United States. 

" 6th. That their respective governments shall be republican. 

" 7th. That the lands of non-resident proprietors shall, in no case, be 
taxed higher than those of residents within any new state, before the 
admission thereof to a vote by its delegates in Congress. 

"That whensoever any of the said states shall have, of free inhabitants, 
as many as shall then be in any one the least numerous of the thirteen 
original states, such state shall be admitted by its delegates into the 
CongTess of the United States, on an equal footing with the said original 
states; provided the consent of so many states in Congress is first ob- 
tained as may at the time be competent to such admission. (And in 
order to adapt the said articles of confederation to the state of Congress 
when its numbers shall be thus increased, it shall be proposed to the 
legislatures of the states, originally parties thereto, to require the assent 
of two-thirds of the United States in Congress assembled, in all those 
cases wherein by the said articles, the assent of nine states is now re- 
quired, which being agreed to by them, shall be binding on the new 
states.) Until such admission by their delegates into Congress, any of 
the said states after the establishment of their temporary government 
shall have authority to keep a member in Congress, with a right of 
debating but not of voting. 

" That measures not inconsistent with the principles of the confedera- 
tion, and necessary for the preservation of peace and good order among 
the settlers in any of the said new States, until they shall assume a tern- 



488 THE NATIONAL DOMAIN 

porary government as aforesaid, may from time to time, be taken by the 
United States in Congress assembled. i 

" That the preceding articles shall be formed into a charter of compact 
. . . [provision for promulgation] and shall stand as fundamental consti- 
tutions between the thirteen original States and each of the several States 
now newly described, unalterable . . . but by the joint consent of the 
United States in Congress assembled and of the particular State within 
which such alteration is proposed to be made.'' 

h. The Northwest Ordinance {July 13, 1787) 

Journals of Congress (1801 edition), XII, 58 ff. 

For history of this document, cf. American Histoid and Government^ 
§ 182. The documents relating to the acquisition of a " Public Domain "' 
are quoted so extensively in that work that they are omitted in this collec- 
tion. Cf., however, No. 146 above for discussions in Congress. 

A7i Ordinance for the government of the territory of the United 
States Northwest of the River Ohio 

Be it ordained by the United States in Congress Assembled 
that the said territory for the purposes of temporary govern- 
ment be one district, subject however to be divided into two 
districts as future circumstances may in the opinion of Con- 
gress make it expedient. 

Be it ordained by the authority aforesaid, that the estates 
both of resident and non resident proprietors in the said terri- 
tory dying intestate shall descend to and be distributed among 
their children and the descendants of a deceased child in equal 
parts ; the descendants of a deceased child or grandchild to take 
the share of their deceased parent in equal parts among them ; 
and where there shall be no children or descendants then in equal 
parts to the next of kin in equal degree ; and among collaterals 
the children of a deceased brother or sister of the intestate shall 

1 This paragraph was added by amendment (proposed by Mr. Gerry) at the 
last moment. A more stringent proposition was lost, — viz.: "That until 
such time as the settlers shall have adopted the constitution and laws of 
some one of the original states . . . the settlers shall be ruled by magistrates 
to be appointed by the United States in Congress assembled, and under such 
laws and regulations as the United States, in Congress assembled, shall direct." 



NORTHWEST ORDINANCE, 1787 489 

have in equal parts among them their deceased parent's share 
and there shall in no case be a distinction between kindred of 
the whole and half blood ; saving in all cases to the widow of 
the intestate her third part of the real estate for life, and one 
third part of the personal estate : and this law relative to de- 
scents and dower shall remain in full force until altered by the 
legislature of the district. And until the governor and judges 
shall adopt laws as herein after mentioned, estates in the said 
territory may be devised or bequeathed by wills in writing 
signed and sealed by him or her in whom the estate may be, be- 
ing of full age, and attested by three witnesses, and real estates 
may be conveyed by lease and release or bargain and sale, signed, 
sealed and delivered by the person being of full age in whom 
the estate may be, and attested by two witnesses, provided such 
wills be duly proved and such conveyances be acknowledged 
or the excution there of duly proved, and be recorded within 
one year after proper magistrates, courts and registers shall be 
appointed for that purpose ; and personal property may be trans- 
ferred by delivery saving however to the french and Canadian 
inhabitants and other settlers of the Kaskaskies, Saint Vincents 
and the neighbouring villages, who have hereto fore professed 
themselves citizens of Virginia, their laws and customs now in 
force among them, relative to the descent and conveyance of 
property. 

Be it ordained by the authority aforesaid, that there shall be 
appointed, from time to time, by Congress, a governor, whose 
commission shall continue in force for the term of three years, 
unless sooner revoked by Congress ; he shall reside in the dis- 
trict, and have a freehold estate therein in 1000 acres of land, 
while in the exercise of his office. 

There shall be appointed, from time to time, by Congress, 
a secretary, whose commission shall continue in force for four 
years unless sooner revoked ; he shall reside in the district, 
andhave a freehold estate therein in 500 acres of land, while in 
the exercise of his office ; it shall be his duty to keep and pre- 
serve the acts and laws passed by the legislature^ and the public 



490 THE NATIONAL DOMAIN 

records of the district, and the proceedings of the governor in 
his Executive department ; and transmit authentic copies of 
such acts and proceedings, every six months, to the Secretary 
of Congress : There shall also be appointed a court to consist of 
three judges, any two of whom to form a court, who shall have 
a common law jurisdiction, and reside in the district, and have 
each therein a freehold estate in 500 acres of land while in the 
exercise of their offices ; and their commissions shall continue 
in force during good behavior. 

The governor and judges, or a majority of them, shall adopt 
and publish in the district such laws of the original States, 
criminal and civil, as may be necessary and best suited to the 
circumstances of the district, and report them to Congress 
from time to time : which laws shall be in force in the district 
ui\til the organization of the General Assembly therein, unless 
disapproved of by Congress ; but, afterwards, the legislature 
shall have authority to alter them as they shall think fit. 

The governor, for the time being, shall be commander-in- 
chief of the militia, appoint and commission all officers in the 
same below the rank of general officers ; all general officers 
shall be appointed and commissioned by Congress. 

Previous to the organization of the General Assembly, the 
governor shall appoint such magistrates and other civil officers, 
in each county or township, as he shall find necessary for the 
preservation of the peace and good order in the same. After 
the General Assembly shall be organized, the powers and 
duties of the magistrates and other civil officers shall be 
regulated and defined by the said Assembly ; but all . . . civil 
officers not herein otherwise directed shall during the con- 
tinuance of this temporary government be appointed by the 
governor. 

For the prevention of crimes and injuries the laws to be 
adopted or made shall have force in all parts of the district ; 
and for the execution of process criminal and civil, the gov- 
ernor shall make proper divisions thereof, and he shall proceed 
from time to time as circumstances may require to lay out the 



NORTHWEST ORDINANCE, 1787 491 

parts of the District in which the indian titles shall have been 
extinguished into counties and townships subject however to 
such alterations as may thereafter be made by the legislature. 

So soon as there shall be five thousand free male inhabitants 
of full age in the district, upon giving proof thereof to the 
governor, they shall receive authority with time and place to 
elect representatives from their counties or townships to repre- 
sent them in the general Assembly, provided that for every five 
hundred free male inhabitants there shall be one representa- 
tive ; and so on progressively with the number of free male 
inhabitants shall the right of representation encrease until the 
number of representatives shall amount to twenty five, after 
which the number and proportion of representatives shall be 
regulated by the legislature ; provided that no person be eligi- 
ble or qualified to act as a representative unless he shall have 
been a citizen of one of the United States three years and be 
a resident in the district or unless he shall have resided in the 
district three years, and in either case shall likewise hold in 
his own right in fee simple two hundred acres of land within 
the same ; provided also that a freehold in fifty acres of land 
in the district having been a citizen of one of the states and 
being resident in the district, or the like freehold and two 
years residence in the district shall be necessary to qualify a 
man as an elector of a representative. 

The representatives thus elected shall serve for* the term of 
two years, and in case of the death of a representative or 
removal from office, the governor shall issue a writ to the 
county or township for which he was a member, to elect 
another in his stead to serve for the residue of the term. 

The general Assembly or legislature shall consist of the 
governor, legislative council and a house of representatives. 
The legislative council shall consist of five members to con- 
tinue in Office five years unless sooner removed by Congress, 
any three of whom to be a quorum and the members of the 
council shall be nominated and appointed in the following 
manner, to wit ; As soon as representatives shall be elected, 



492 THE NATIONAL DOMAIN 

the governor shall appoint a time and place for them to meet 
together; and, when met, they shall nominate ten persons, 
residents in the district, and each possessed of a freehold in 
500 acres of land, and return their names to Congress ; five of 
whom Congress shall appoint and commission to serve as 
aforesaid; and, whenever a vacancy shall happen in the 
council, by death or removal from office, the house of repre- 
sentatives shall nominate two persons, qualified as aforesaid, 
for each vacancy, and return their names to Congress ; one of 
whom Congress shall appoint and commission for the residue 
of the term. And every five years, four months at least be- 
fore the expiration of the time of service of the members of 
council, the said house shall nominate ten persons, qualified as 
aforesaid, and return their names to Congress ; five of whom 
Congress shall appoint and commission to serve as members of 
the council five years, unless sooner removed. And the 
governor, legislative council, and house of representatives, 
shall have authority to make laws in all cases, for the good 
government of the district, not repugnant to the principles 
and articles in this ordinance established and declared. And 
all bills, having passed by a majority in the house, and by a 
majority in the council, shall be referred to the governor for 
his assent ; but no bill, or legislative act whatever, shall be of 
any force without his assent. The governor shall have power 
to convene, • prorogue, and dissolve the General Assembly, 
when, in his opinion, it shall be expedient. 

The governor, judges, legislative council, secretary, and 
such other officers as Congress shall appoint in the district, 
shall take an oath or affirmation of fidelity and of office ; the 
governor before the President of Congress, and all other officers 
before the governor. As soon as a legislature shall be formed 
in the district, the council and house assembled in one room, 
shall have authority, by joint ballot, to elect a delegate to 
Congress, who shall have a seat in Congress, with a right of 
debating but not of voting during this temporary government. 

Ajid, for extending the fundamental princi2)les of civil av'^ 



NORTHWEST ORDINANCE, 1787 493 

religious liberty, ivhich form the basis tvhereon these republics, 
their laws and constitutions are erected; to fix and establish 
those principles as the basis of cdl laws, constitutions, and govern- 
ments, ivhich forever hereafter shall be formed in the said 
territory: to provide cdso for the establishment of States, and 
permanent Government therein, and for their admission to a 
Share in the federcd Councils on an equal footing with the 
original States, at as early periods as may be consistent icith the 
general interest — 

It is hereby Ordained and declared by the authority afore- 
said, That the following Articles shall be considered as Arti- 
cles of compact between the Original States and the People 
and States in the said territory, and forever remain unalterable, 
unless by common consent, to tvit. 

Article the First. No Person demeaning himself in a peace- 
able and orderly manner shall ever be molested on account of 
his mode of worship or religious sentiments in the said terri- 
tory- 
Article the Second. The Inhabitants of the said territory 
shall always be entitled to the benefits of the writ of Habeas 
Corpus, and of the trial by jury; of a proportionate repre- 
sentation of the people in the legislature, and of judicial pro- 
ceedings according to the course of the common law; all 
Persons shall be bailable unless for capital offences, where 
the proof shall be evident, or the presumption great ; all fines 
shall be moderate, and no cruel or unusual punishments shall 
be inflicted ; no man shall be deprived of his liberty or prop- 
erty but by the judgment of his Peers, or the law of the land ; 
and should the Public exigencies make it necessary for the 
common preservation to take any person's property, or to 
demand his particular Services, full compensation shall be 
made for the same, — and in the just preservation of rights and 
property it is understood and declared, that no law ought ever 
to be made, or have force in the said territory, that shall in 
any manner whatever interfere with or affect private Contracts 
or engagements, bona fide and without fraud previously formed. 



494 THE NATIONAL DOMAIN 

Article the Third. Religion, Morality and knowledge being 
necessary to good Government and the happiness of mankind, 
Schools and the means of education shall forever be encour- 
aged. The utmost good faith shall always be observed towards 
the Indians ; their lands and property shall never be taken 
from them without their consent ; and in their property, rights 
and liberty, they never shall be invaded or disturbed, unless 
in just and lawful wars authorized by Congress; but laws 
founded in justice and humanity shall from time to time be 
made, for preventing wrongs being done to them, and for 
preserving peace and friendship with them — 

Article the Fourth. The said Territory, and the States 
which may be formed therein, shall forever remain a part of 
this Confederacy . . . subject to the Articles of Confederation, 
and to such alterations therein as shall be constitutionally 
made ; and to all the acts and ordinances of the United States 
in Congress assembled, comformable thereto. The inhabitants 
and settlers in the said territory shall be subject to pay a 
part of the federal debts contracted or to be contracted, and 
a proportional part of the expenses of government, to be ap- 
portioned on them by Congress according to the same common 
rule and measure by which apportionments thereof shall be 
made on the other States ; and the taxes, for paying their 
proportion, shall be laid and levied by the authority and direc- 
tion of the legislatures of the district or districts, or new States, 
as in the original States within the time agreed upon by the 
United States in Congress assembled. The legislatures of 
those districts or new States shall never interfere with the pri- 
mary disposal of the soil by the United States in Congress as- 
sembled, nor with any regulations Congress may find necessary 
for securing the title in such soil to the bona JicJe purchasers. 
No tax shall be imposed on lands the property of the United 
States ; and, in no case, shall non-resident proprietors be taxed 
higher than residents. The navigable waters leading into the 
Mississippi and St. Lawrence, and the carrying places between 
the same, shall be common highways, and forever free, as well 



NORTHWEST ORDINANCE, 1787 495 

to the inhabitants of the said territory as to the citizens of the 
United States, and those of any other States that may be ad- 
mitted into the Confederacy, without any tax, impost, or duty, 
therefor. 

Article the Fifth. There shall be formed in the said territory, 
not less than three nor more than five States ; and the bound- 
aries of the States, as soon as Virginia shall alter her act of 
cession, and consent to the same, shall become fixed and es- 
tablished as follo^Ys, to wit: The Western State in the said 
territory, shall be bounded by the Mississippi, the Ohio, and 
Wabash rivers ; a direct line drawn from the Wabash and Post 
St. Vincent's, due IS'orth, to the territorial line between the 
United States and Canada ; and, by the said territorial line, 
to the Lake of the Woods and Mississippi. The middle State 
shall be bounded by the said direct line, the Wabash from Post 
Vincent's, to the Ohio ; by the Ohio, by a direct line, drawn 
due North from the mouth of the Great Miami, to the said 
territorial line, and by the said territorial line. The Eastern 
State shall be bounded by the last mentioned direct line, the 
Ohio, Pennsylvania, and the said territorial line : Provided 
however, and it is further understood and declared, that the 
boundaries of these three States shall be subject so far to be 
altered, that, if Congress shall hereafter find it expedient, 
they shall have authority to form one or two States in that 
part of the said territory which lies North of an East and West 
line drawn through the Southerly bend or extreme of lake 
Michigan. And, whenever any of the said States shall have 
60,000 free inhabitants therein, such State shall be admitted, 
by its delegates, into the Congress of the United States, on an 
equal footing with the original States in all respects whatever, 
and shall be at liberty to form a permanent constitution and 
State government : Provided, the constitution and government, 
so to be formed, shall be republican, and in conformity to the 
principles contained in these articles ; and, so far as it can be 
consistent with the general interest of the confederacy, such 
admission shall be allowed at an earlier period, and when there 



496 THE NATIONAL DOMAIN 

may be a less number of free inhabitants in the State than 
60,000. 

Article the Sixth. There shall be neither slavery nor involun- 
tary servitude in the said territory, otherwise than in the punish- 
ment of crimes, whereof the party shall have been duly convicted : 
Provided, ahvays. That any person escaping into the same, from 
ivhom labor or service is laicftdly claimed in any one of the orig- 
iiml States, such fugitive may be lawfully reclaimed and conveyed 
to the person claiming his or her labor or service as aforesaid. 

Be it ordained by the authority aforesaid, That the resolutions 
of the 23d of April, 1784, relative to the subject of this ordi- 
nance, be, and the same are hereby, repealed and declared null 
and void/ 

Done by the United States, in Congress assembled, the 13th 
day of July, in the year of our Lord 1787, and of their 
sovereignty and independence the twelfth. 

[The great Sixth Article has rendered this Ordinance immortal. This 
anti-slavery provision, however, has been spoken of sometimes in terms 
more rhetorical than exact. Senator Hoar, in a centennial memorial 
oration at Marietta, in 1888, said: "Here was the first human govern- 
ment under which absolute civil and religious liberty has always pre- 
vailed. . . , Here no slave was ever born, or dwelt." The student may 
compare American History and Government, § 333, close. But Daniel 
Webster was the historian rather than merely the orator when he said : 
" I doubt whether one single law of any lawgiver, ancient or modern, has 
produced effects of more distinct, marked, and lasting character, than the 
Ordinance of 1787." 

August 7, 1789, the First Congress under the Constitution passed a 
Confirmatory Act, reenacting the Northwest Ordinance, with the provi- 
sion that the appointments therein referred to Congress should be made 
by the President, subject to confirmation by the Senate.] 

1 For this earlier ordinance, cf. No. 14:9a. 



XXVI. DRIFTING TOWARD ANARCHY 

150. Danger (or Hope) of a Military Dictator (1783) 

Gouverneur Morris to John Jay 

Life and TVorks of Morris (Sparks' edition), I, 249. If this letter is 
taken in conjunction with the army plots, it would seem that Morris was 
not averse to a military revolution as a step toward aristocratic rule. 

Philadelphia, January 1, 1783. 
. . . The army have swords in their hands. Tou knoiv enough 
of the history of mankind to knotv much more than I have said, — 
and possibly much more than they themselves yet think of. 
I will add, however, that I am glad to see things in this pres- 
ent train. Depend on it ; good will arise from the situation to 
which we are hastening. . . . Although I think it probable that 
much of convulsion will ensue, yet it must terminate in giving 
to government that power without which government is but a 
name. 

151. Shays' Rebellion 

a, A temperate statement of real grievances leading to 
the "Rebellion" 

Minot's History of the Insurrection in Massachusetts^ pages 34-37. 

The following "schedule of grievances" was adopted by a mass 
convention of Hampshire County, Massachusetts, in 1786. For the 
general narrative, cf. American History and Government^ § 188-192. 

At a meeting of the delegates tvom fifty towns in the county 
of Hampshire, in convention held at Hatfield, in said county, 
on Tuesday, the 22d day of August instant [1786], and con- 
tinued by adjournments until the twenty fifth, etc. Voted, 
that this meeting is constitutional. 

497 



498 DRIFTING TOWARD ANARCHY 

The convention from a thorough conviction of great uneasi- 
ness, subsisting among the people of this county and Common- 
wealth, then went into an inquiry for the cause; and, upon 
mature consideration, deliberation, and debate, were of opinion, 
that many grievances and unnecessary burdens now lying upon 
the people, are the source of that discontent so evidently discover- 
able throughout this Commonwealth. Among which the follow- 
ing articles were voted as such, viz. 
1st. The existence of the Senate} 
2d. TJie present mode of representation. 
3d. The officers of government not being annually depend- 
ent on the representatives of the people, in General Court 
assembled, for their salaries. 

4th. All the civil officers of government, not being annually 
elected by the Representatives of the people, in General Court 
assembled. 

5th. The existence of the Courts of Common Pleas, and 
General Sessions of the Peace. 

6th. Tlie Fee Table as it now stands. 

7th. The present mode of appropriating the impost and 
excise. 

8th. The unreasonable grants made to some of the officers of 
government. 

9th. The supplementary aid. 
10th. The present mode of paying the governmental se- 
curities. 

11th. The present mode adopted for the payment and 
speedy collection of the last tax. 

12th. The present mode of taxation, as it operates unequcdly 
between the polls and estates, and between landed cuid mercantile 
interests. 

13 th. Tlie present method of practice of the attornies at law. 
14th. The want of a sufficient inedium of trade, to remedy 
the mischiefs arisiyig from the scarcity of money. 

1 Which was so constituted as to represent wealth rather than men, of. 
American History and Government, § 154 and note. 



SHAYS' REBELLION 499 

15th. The General Court sittmg in the town of Boston. 

16th. The present embarrassments on the press. 

17th. The neglect of the settlement of important matters 
depending between the Commonwealth and Congress, relating 
to monies and averages. 

18th. Voted, This convention recommend to the several 
towns in this country that they instruct their Representatives, 
to use their influence in the next General Court, to have 
emitted a hank of paper money, subject to a depreciation ; making 
it a tender in cdl payments, equcd to silver and gold, to be issued 
in order to call in the Commonwealth's securities. 

19th. Voted, That ivhereas several of the above articles of 
grievances arise from defects in the constitution; therefore a 
revision of the same ought to take place. 

20th. Voted, That it be recommended by this convention 
to the several towns in this county, that they petition the 
Governour to call the General Court immediately together, in 
order that the other grievances complained of, may, by the 
legislature, be redressed. 

2 1 St. Voted. That this convention recommend it to the inhabi- 
tants of this county, that they abstain from all mobs and unlawful 
assemblies, until a constitutional method of redress can be obtained. 

22d. Voted, That Mr. Caleb West be desired to transmit a 
copy of the proceedings of this convention to the convention 
of the County of Worcester. 

23d. Voted, That the chairman of the convention be desired 
to transmit a copy of the proceedings of this convention to the 
county of Berkshire. 

24th. Voted, That the chairman of this convention be directed 
to notify a county convention, upon any motion made to him 
for that purpose, if he judge the reasons offered be sufficient, 
giving such notice together with the reasons therefor, in the 
publick papers of this county. 

25th. Voted, That a copy of the ])roceedings of this convention 
be sent to the press in Springfield for publication. 



500 DRIFTING TOWARD ANARCHY 

h- Washington's Alarirv 

(1) George Washington to Henry Lee. 

Washington's Writings (Ford edition), XI, 76-78. Lee was a Virginia 
delegate in the Continental Congress. Washington's letter is in reply to 
one received from Lee. 

Mount Vkrnon, October 31, 1786. 

. . . The picture which you have exhibited ... of the commo- 
tions and temper of numerous bodies in the eastern States, are 
equally to be lamented and deprecated. They exhibit a mel- 
ancholy proof of what our transatlantic foe has predicted; and of 
another thing perhaps, which is still more to be regretted, and is 
yet more unaccountable, that mankind, when left to themselves, are 
unfit for their own government. I am mortified beyond expres- 
sion when I view the clouds that have spread over the brightest 
morn that ever dawned upon any country. In a word, I am 
lost in amazement when I behold what intrigue, the interested 
views of desperate characters, ignorance, and jealously of the 
minor part, are capable of effecting, as a scourge on the major 
part of our fellow citizens of the Union ; for it is hardly to be 
supposed, that the great body of the people, though they will 
not act, can be so shortsighted or enveloped in darkness, as 
not to see rays of a distant sun through all this mist of intox- 
ication and folly. 

You talk, my good Sir, of employing influence to appease the 
present tumults in Massachusetts. I know not where that in- 
fluence is to be found, or, if attainable, that it would be a proper 
remedy for the disorders. Lifluence is no government. Let us 
have one by which our lives, liberties, and properties will be 
secured, or let us know the worst at once. Under these im- 
pressions, my humble opinion is, that there is a call for de- 
cision. Know precisely what the insurgents aim at. If they 
have real grievances, redress them if possible ; or acknowledge 
the justice of them, and your inability to do it in the present 
moment. If they have not, employ the force of government 
against them at once. If this is inadequate, all will be con- 



SHAYS' REBELLION 501 

vinced, that the superstructure is bad, or wants support. To 
be more exposed in the eyes of the world, and more contemptible 
than we already are, is hardly possible. To delay one or the 
other of these, is to exasperate . . . or to give confidence, and 
will add to their numbers ; for, like snow-balls, such bodies 
increase by every moment unless there is something in the 
way to obstruct and crumble them before the weight is too 
great and irresistible. . . . 

(2) George Washington, to James Madison. 

Writings (Ford edition), XI, 80, 81. Note especially the extracts 
quoted from General Lincoln, in command against the rebels. 

November 5, 1786. 

I thank you for the communications in your letter of the 1st 
instant. . . . Fain would I hope that the great and most im- 
portant of all subjects, the federal government, may be considered 
with . . . calm and deliberate attention. . . . No morn ever 
dawned more favorably than ours did ; and no day was ever 
more clouded than the present. Wisdom and good examples 
are necessary at this time to rescue the political machine from 
the impending storm. Virginia has now an opportunity to set 
the latter, and has enough of the former, I hope, to take the 
lead in promoting this great and arduous work. Without an 
alteration in our political creed, the superstructure we have 
been seven years in raising, at the expense of so much treas- 
ure and blood, must fall. We are fast verging to anarchy 
and confusion. 

... a letter which I have received from General Knox, who 
had just returned from Massachusetts, whither he had been 
sent by Congress consequent of the commotions in that State, 
is replete with melancholy accounts of the temper and designs 
of a considerable part of that people. Among other things he 
says : 

" Their creed is, that the property of the United States has been protected 
from the confiscation of Britain by the joint exertions of all ; and therefore 
ought to be the common property of all ; and he that attempts opposi- 



502 DRIFTING TOWARD ANARCHY 

tion to this creed, is an enemy to equity and justice, and ought to he swept 
from off the face of the earth." Again : " They are determined to anni- 
hilate all debts, public and private, and have agrarian laws, which are 
easily effected by the means of unfunded paper money, which shall be a 
tender in all cases whatever^' He adds: "The number of these people 
amount in Massachusetts to about one fifth part of several populous coun- 
ties, and to them may be collected people of similar sentiments from the 
States of Rhode Island, Connecticut, and New Hampshire, so as to consti- 
tute a body of about twelve or fifteen thousand desperate and unprincipled 
men. They are chiefly of the young and active part of the community." 

How melancholy is the reflection, that in so short a space we 
should have made such large strides towards fulfilling the pre- 
dictions of our transatlantic foes ! " Leave them to them- 
selves, and their government wdll soon dissolve." Will not the 
wise and good strive hard to avert this evil ? Or will their su- 
pineness suffer ignorance, and the arts of self interested, design- 
ing, disaffected, and desperate characters, to involve this great 
country in wretchedness and contempt ? What stronger evi- 
dence can be given of the want of energy in our government, 
than these disorders ? If there is not power in it to check them, 
what security has a man for life, liberty, or property ? To you 
I am sure I need not add aught on this subject. The conse- 
quences of a lax or inefficient government are too obvious to be 
dwelt upon. Thirteen sovereignties pulling against each other, 
and all tugging at the federal head, will soon bring ruin on 
the whole ; whereas a liberal and energetic constitution, well 
guarded and closely watched to prevent encroachments, might 
restore us to that degree of respectability and consequence to 
which we had a fair claim. . . . 

152. A Shrewd Foreign Observer's View of the Social Conflict over 
the Adoption of a New Constitution 

Louis Guillaume Otto to Vergeyines^ 

George Bancroft's History of the Constitution (1882), II, Appendix, 
399 ff. 

1 Otto was the French minister to the United States ; Vergennes was the 
French minister in charge of foreign affairs at Paris. 



THE SOCIAL CONFLICT 503 

Philadelphia, October 10, 1786. 

[The letter first describes the failure of the Annapolis 
Convention.] 

The people are not ignorant that the natural consequences 
of an increase of power in the government would be a regular 
collection of taxes, a strict administration of justice, extraor- 
dinary duties on imports, rigorous executions against debtors — 
in short, a marked preponderance of rich men and of large proprietors. 

It is, however, for the interest of the people to guard as 
much as possible the absolute freedom granted them in a time 
when no other law was known but necessity, and when an 
English army, as it were, laid the foundations of the political 
constitution. 

In those stormy times it was necessary to agree that all power 
ought to emanate only from the people; that everything was 
subject to its supreme will, and that the magistrates were 
only its servants. 

Although there are no nobles in America, there is a class 
of men denominated " gentlemen," who, by reason of their 
wealth, their talents, their education, their families, or the 
offices they hold, aspire to a pre-eminence which the people refuse to 
grant them; and, although many of these men have betrayed 
the interests of their order to gain popularity, there reigns 
among them a connection so much the more intimate as they almost 
all of them dread the efforts of the people to despoil them of their 
possessions, and, moreover, they are creditors, and therefore in- 
terested in strengthening the government, and watching over 
the execution of the laws. . . . 

The majority of them being merchants, it is for their in- 
terest to establish the credit of the United States in Europe 
on a solid foundation by the exact jjayment of debts, and to 
grant to congress powers extensive enough to compel the 
people to contribute for this purpose. The attempt, my lord, 
has been vain, by pamphlets and other publications, to spread 
notions of justice and integrity, and to deprive the people of 
a freedom which they have so misused. By proposing a new 



504 DRIFTING TOWARD ANARCHY 

organization of the federal government all minds would have 
been revolted ; circumstances ruinous to the commerce of 
America have happily arisen to furnish the reformers with a 
pretext for introducing innovations. 

They represented to the people that the American name 
had become opprobrious among all the nations of Europe ; that 
the flag of the United States was everywhere exposed to 
insults and annoyance. . . . 

[Otto continues at length to represent that the gentry sought to secure 
a stronger government by inflaming the common people against foreign 
powers. He then declares that it was never intended that the Annapolis 
convention should do anything ; that it was only one step in a " plot " 
to secure a more unfettered convention.] 

The measures were so well taken that at the end of September 
no more than five states were represented at Annapolis, and 
the commissioners from the northern states tarried several 
days at New York, in order to retard their arrival. 

The states which assembled, after having waited nearly three 
weeks, separated under the pretext that they were not in suffi- 
cient numbers to enter on business, and, to justify this dissolu- 
tion, they addressed to the different legislatures and to congress 
a report, the translation of which I have the honor to enclose 
to you [i.e., the paper reproduced in No. 153]. 

In this paper the commissioners employ an infinity of cir- 
cumlocutions and ambiguous phrases to show to their constit- 
uents the impossibility of taking into consideration a general 
plan of commerce and the powers pertaining thereto, without 
at the same time touching upon other objects closely connected 
with the prosperity and national importance of the United 
States. 

Without enumerating these objects, the commissioners en- 
large upon the present crisis of public affairs, upon the dangers 
to which the confederation is exposed, upon the want of credit 
of the United States abroad, and upon the necessity of uniting, 
under a single point of view, the interests of all the states. 

They close by proposing, for the month of May next, a new 



THE SOCIAL CONFLICT 505 

assembly of commissioners, iustructed to deliberate not only 
upon a general plan of commerce, but upon other matters which 
may concern the harmony and welfare of the states, and upon 
the means of rendering the federal government adequate to the 
exigencies of the union. 

In spite of the obscurity of this document, you will perceive, 
my lord, that the commissioners were unwilling to take into 
consideration the grievances of commerce, which are of exceed- 
ing interest for the people, without at the same time perfecting 
the fundamental constitution of congress. 



XXVII. MAKING THE CONSTITUTION 

153. Call issued by the Annapolis Convention 

Documentary History of the Constitution^ I, 1-6. For a narrative of 
the circumstances, cf . American History and Government^ § 199. 

Sundry of the States having in Consequence of a Eesolution 
and Circular Letter from the State of Virginia appointed Com- 
missioners to meet at such time and Place as should be agreed 
upon by them the said Commissioners, to take into Consideration 
the Trade and Commerce of the United States etc: — the Com- 
missioners of Virginia, Delaware, Pennsylvania, New Jersey and 
New York, met at the City of Annapolis on the 11th of Sep- 
tember 1786, but did not think it advisable to proceed on the 
Business of their Mission. They therefore broke up after mak- 
ing a Report to the States by which they had been appointed 
and transmitting to Congress a Copy thereof which is as follows. 

To the Honorable the Legislatures of Virginia, Delaware, 
Pennsylvania, New Jersey and New York. 

The Commissioners from the said States respectively Assem- 
bled at the City of Annapolis, humbly beg leave to Report : 

That, pursuant to their several Appointments, they met at 
Annapolis in the State of Maryland, on the eleventh day of 
September Instant, and, having proceeded to a communication 
of their Powers, they found that the States of New York, 
Pennsylvania and Virginia had, in substance, and nearly in 
the same terms, authorized their respective Commissioners "to 
meet such Commissioners as were or might be appointed by the 
other States in the Union, at such time and Place as should be 
agreed upon by the said Commissioners, to take into Consid- 
eration the trade and Commerce of the United States, to con- 
sider how far an uniform System in their commercial intercourse 
and regulations might be necessary to their common interest 

506 



THE ANNAPOLIS CALL 507 

and permanent harmony, and to report, to the several States, 
such an Act relative to this great Object, as when unanimously 
ratified by them, would enable the United States in Congress 
Assembled effectually to provide for the same." 

That the State of Delaware had given similar Powers to their 
Commissioners, with this difference only, that the Act to be 
framed in virtue of those Powers, is required to be reported 
"to the United States in Congress Assembled to be agreed to 
by them and Confirmed by the Legislatures of every State." 

That the State of New Jersey has enlarged the Object of their 
Appointment, empowering their Commissioners, "to consider 
how far an uniform System in their Commercial Regulations, 
and other important matters, might be necessary to the common 
interest and permanent harmony of the several States;" and 
to "report such an Act on the Subject, as when ratified by 
them " would " enable the United States in Congress Assembled 
effectually to provide /or the exigencies of the Union.'' 

That appointments of Commissioners have also been made 
by the States of New Hampshire, Massachusetts, Rhode 
Island and North Carolina, none of whom have however 
attended, but that no information has been received by your 
Commissioners of any Appointment having been made by the 
States of Connecticut, Maryland, South-Carolina or Georgia. 

That the express terms of the Powers to your Commis- 
sioners supposing a Deputation from all the States, and hav- 
ing for Object the trade and Commerce of the United States, 
your Commissioners did not conceive it adviseable to proceed 
on the business of their Mission, under the Circumstance of 
so partial and defective a Representation. 

Deeply impressed however with the magnitude and impor- 
tance of the Object confided to them on this Occasion, your 
Commissioners cannot forbear to indulge an expression of 
their earnest and unanimous wish that speedy measures may 
be taken to effect a general meeting of the States in a future 
Convention, for the same, and such other Purposes, as the 
situation of Public Affairs may be found to require. 



508 MAKING THE CONSTITUTION 

If in expressing this wish, or in intimating any other 
Sentiment, your Commissioners should seem to exceed the 
strict bounds of their Appointment, they entertain a full 
Confidence that a Conduct dictated by an anxiety for the 
welfare of the United States, will not fail to receive an 
indulgent Construction. 

In this persuasion, your Commissioners submit an Opinion, 
that the Idea of extending the Powers of their Deputies to 
other Objects than those of Commerce, which has been 
adopted by the State of New Jersey, was an improvement on 
the original Plan, and will deserve to be incorporated into that 
of a future Convention. They are the more naturally led to 
which Conclusion, as in the course of the Reflections on the 
Subject, they have been induced to think, that the Power of 
regulating Trade, is of such comprehensive extent, and will 
enter so far into the General System of the Foederal Govern- 
ment, that to give it efficacy, and to obviate questions and 
doubts concerning its precise nature and limits, may require a 
corresponding adjustment of other Parts of the Foederal 
System. 

That there are important defects in the System of the 
Foederal Government, is acknowleged by the Acts of those 
States which have concurred in the present Meeting. That 
the defects, upon a closer examination may be found greater 
and more numerous than even these Acts imply, is at least so 
far probable from the embarrassments which characterize the 
present state of our National Affairs, foreign and domestic, as 
may reasonably be supposed to merit a deliberate and candid 
discussion, in some mode, which will unite the Sentiments and 
Councils of all the States. In the choice of the mode, your 
Commissioners are of Opinion that a Convention of Deputies 
from the different States, for the special and sole purpose of 
entering into this investigation and digesting a Plan for sup- 
plying such defects as may be discovered to exist, will be 
entitled to a preference, from Considerations which will occur 
without being particularized. 



THE ANNAPOLIS CALL 509 

Your Commissioners decline an enumeration of those 
National Circumstances on which their Opinion respecting the 
Propriety of a future Convention with more enlarged Powers 
is founded ; as it would be an useless intrusion of facts and 
Observations, most of which have been frequently the Subject 
of Public Discussion, and none of which can have escaped the 
penetration of those to whom they would in this instance be 
addressed. They are however of a nature so serious as, in the 
View of your Commissioners, to render the situation of the 
United States delicate and critical, calling for an exertion of 
the united Virtue and Wisdom of all the Members of the 
Confederacy, 

Under this Impression Your Commissioners, with the most 
respectful deference, beg leave to suggest their unanimous con- 
viction that it may essentially tend to advance the interests of the 
Union, if the States by whom they have been respectively delegated 
would themselves concur, and use their endeavours to procure the con- 
currence of the other States, in the Appointment of Commissioners 
to meet at Philadelphia on the second Monday in May next, to take 
into Consideration the situation of the United States, to devise such 
further Provisions as shall appear to them necessary to render the 
Constitution of the Foederal Government adequate to the exigencies of 
the Union ; and to report such an Act for that purpose to the United 
States in Congress Assembled, as when " agreed to by them and 
afterwards confirmed by the Legislatures of every State " will ef- 
fectually provide for the same. 

Though your Commissioners could not with propriety address 
these Observations and Sentiments to any but the States they 
have the honor to Represent, they have nevertheless concluded, 
from motives of respect, to transmit Copies of this Report, to 
the United States in Congress Assembled, and to the Executives 
of the other States. 

By Order of the Commissioners 
John Dickinson, Chairman 
Dated at Annapolis 

September 14th 1786. 



510 MAKING THE CONSTITUTION 

154. Appointment of Delegates : Credentials (Georgia) 

Becords of the Federal Convention (Farrand). Ill, 576-577. 

Georgia is here selected for illustration, because of the emphasis upon 
the sovereignty of the State in the forms used. 

GEORGIA 

By the Honorable George Mathews Esquire, Captain 
General, Gov^ernor and Commander in Chief, in and over 
the said State aforesaid. 
To all to whom these Presents shall come Greeting. 

Know Ye that John Milton Esquire, who hath certified 
the annexed Copy of an Ordinance intitled '' An Ordinance 
for the appointment of Deputies from this State for the purpose 
of revising the Foederal Constitution" — is Secretary of the 
said State m whose Office the Archives of the same are deposited. 
Therefore .all due faith, Credit and Authority are and ought 
to be had and given the same. 

In Testimony whereof I have hereunto set my hand and 
caused the Great Seal of the said State to be put and affixed 
at Augusta, this Twenty fourth day of April in the Year of 
our Lord One thousand seven hundred and eighty seven and 
of our Sovereignty and Independence the Eleventh. 

Geo : (Seal) Mathews. 
By his Honor's Command 

J. Milton Secy 
An Ordinance for the appointment of Deputies from this 
State for the purpose of revising the Foederal Constitution. 

Be It Ordained by the Representatives of the Freemen 
of the State of Georgia in General Assembly met and by 
the Authority of the same, that William Few, Abra- 
ham Baldwin, William Pierce, George Walton, Wil- 
liam Houstoun and Nathaniel Pendleton Esquires, 
Be, and they are hereby appointed Commissioners, who, or 
any two or more of them are hereby authorized as Deputies 
from this State to meet such deputies as may be appointed 



CREDENTIALS OF DELEGATES 511 

and authorized by other States to assemble in Convention 
at Philadelphia and to join with them in devising and 
discussing all such Alterations and farther Provisions as 
may be necessary to render the Federal Constitution adequate 
to the exigencies of the Union, and in reporting such an Act 
for that purpose to the United States in Congress Assembled 
as when agreed to by them, and duly confirmed by the several 
States will effectually provide for the same. In case of the 
death of any of the said Deputies, or of their declining their 
appointments, the Executive are hereby authorized to supply 
such Vacancies. 

By Order of the House 

(signed) WM GIBBONS Speaker. 
Augusta the 10th February 1787. 

Georgia. 

Secretary's Office 

The above is a true Copy from the Original Ordinance de- 
posited in my Office. 

Augusta! -r ^^ 
24 April 1787. 1 ^- ^^'''™^'' Secretary. 

The State of Georgia by the grace of God free, Sovereign and 
Tiidependent 

To the Honorable William Pierce, Esquire. 

Whereas you, the said William Pierce, are in and by an 
Ordinance of the General Assembly of our said State Nomi- 
nated and Appointed a Deputy to represent the same in a Con- 
vention of the United States to be assembled at Philadelphia, 
for the Purposes of devising and discussing such Alterations 
and farther Provisions as may be necessary to render the 
Foederal Constitution adequate to the exigencies of the 
Union. 

You are therefore hereby Commissioned to proceed on the 
duties required of you in virtue of the said Ordinance 



512 MAKING THE CONSTITUTION 

Witness our trusty and well beloved George Mathews Es- 
quire, our^ Captain General, Governor, and Commander in 
Chief, under his hand and our Great Seal at Augusta this 
Seventeenth day of April in the Year of our Lord one thousand 
seven hundred and eighty seven and of our Sovereignty and 
Independence the Eleventh.^ 

Geo : Mathews (Seal) 
By His Honor's Command. 
J. Milton. Secy. 

[Like commissions for the other delegates.] 

155. George Mason on the Preliminaries at Philadelphia 

George Mason to George Mason, Jr. 

Becords of the Federal Convention (Farrand), III, 22-24. 

Philadelphia, May 20th, 1787. 

. . . Upon our arrival here on Thursday evening, seventeenth 
May, I found only the States of Virginia and Pennsylvania 
fully represented; and there are at this time only five — New 
York, the two Carolinas, and the two before mentioned. All 
the States, Rhode Island excepted, have made their appoint- 
ments ; but the members drop in slowly ; some of the deputies 
from the Eastern States are here, but none of them have yet a 
sufficient representation, and it will probably be several days 
before the Convention will be authorized to proceed to business. 
The expectations and hopes of all the Union centre in this 
Convention. God grant that we may be able to concert effect- 
ual means of preserving our country from the evils which 
threaten us. 

1 This was an old royal form, now used by the State instead of by the 
King. 

2 Some States dated : " in the year of the Sovereignty and Independence of 
the United States the Eleventh." Others were even more specific than Georgia ; 
as, " in the Eleventh year of the Independence of the Delaware State " ; or, as 
in New York, — " the Eleventh year of the Independence of the Said State." 



PRELIMINARIES AT PHILADELPHIA 513 

The Virginia deputies (who are all here) meet and confei 
together two or three hours every day, in order to form a 
proper correspondence of sentiments ; and for form's sake, to 
see what new deputies are arrived, and to grow into some 
acquaintance with each other, we regularly meet every day at 
three o'clock. These and some occasional conversations with 
the deputies of different States and with some of the general 
officers of the late army (who are here upon a general meet- 
ing of the Cincinnati), are the only opportunities I have 
hitherto had of forming any opinion upon the great subject of 
our mission, and, consequently, a very imperfect and indecisive 
one. Yet, upon the great principles of it, I have reason to 
hope there will be greater unanimity and less opposition, 
except from the little States, than was at first apprehended. 
The most prevalent idea in the principal States seems to be a 
total alteration of the present federal system, and substituting 
a great national council or parliament, consisting of two 
branches of the legislature, founded upon the principles of 
equal proportionate representation, with full legislative powers 
upon all the subjects of the Union; and an executive: and to 
make the several State legislatures subordinate to the national, 
by giving the latter the power of a negative upon all such laws 
as they shall judge contrary to the interest of the federal 
Union . . . and what is a very extraordinary phenomenon, 
we are likely to find the republicans, on this occasion, 
issue from the Southern and Middle States, and the anti- 
republicans from the Eastern ; however extraordinary this 
may at first seem, it may, I think be accounted for from a 
very common and natural impulse of the human mind. Men 
disappointed in expectations too hastily and sanguinely formed, 
tired and disgusted with the unexpected evils they have 
experienced, and anxious to remove them as far as possible, 
are very apt to run into the opposite extreme ; and the people 
of the Eastern States, setting out with more republican prin- 
ciples, have consequently been more disappointed than we 
have been. . . . 



514 MAKING THE CONSTITUTION 

156. The Virginia Plan 

Becords of the Federal Convention (Farrand), I, 20-22, for May 29. 
For history of the plan, cf. American History and Government, § 202. On 
the opening day of the Philadelphia Convention for business Mr. Ran- 
dolph, after a brilliant speech, introduced the following resolutions in be- 
half of the Virginia delegation. 

1. Resolved that the articles of Confederation ought to be so 
corrected and enlarged as to accomplish the objects proposed by 
their institution ; namely, " common defence, security of liberty 
and general welfare." 

2. Resd. therefore that the rights of suffrage in the National 
Legislature ought to be proportioned to the Quotas of contribu- 
tion, or to the number of free inhabitants, as the one or the 
other rule may seem best in different cases. 

3. Resd. that the National Legislature ought to consist of 
two branches. 

4. Resd. that the members of the first branch of the National 
Legislature ought to be elected by the people of the several States 

every for the term of ; to be of the age of years 

at least ; to receive liberal stipends by which they may be com- 
pensated for the devotion of their time to public service j to be 
ineligible to any office established by a particular State, or un- 
der the authority of the United States, except those peculiarly 
belonging to the functions of the first branch, during the term 

of service, and for the space of after its expiration ; to be 

incapable of re-election for the space of after the expira- 
tion of their term of service, and to be subject to recall. 

5. Resold, that the members of the second branch of the 
National Legislature ought to be elected by those of the 
first, out of a proper number of persons nominated by the in- 
dividual Legislatures, to be of the age of years at least ; 

to hold their offices for a term sufficient to ensure their inde- 
pendency ; to receive liberal stipends, by which they may be 
compensated for the devotion of their time to public service ; 
and to be ineligible to any office established by a particular 



THE VIRGINIA PLAN 515 

State, or under the authority of the United States, except those 
peculiarly belonging to the functions of the second branch, 

during the term of service, and for the space of after the 

expiration thereof. 

6. Resolved that each branch ought to possess the right of 
originating Acts ; that the National Legislature ought to be 
impowered to enjoy the Legislative Rights vested in Congress 
by the Confederation and moreover to legislate in all cases to 
which the separate states are incompetent, or in which the 
harmony of the United States may be interrupted by the ex- 
ercise of individual Legislation ; to negative all laws passed by 
the several States, contravening in the opinion of the National 
Legislature the articles of Union ; and to call forth the force 
of the Union against any member of the Union failing to ful- 
fill its duty under the articles thereof. 

7. Resd. that a National Executive be instituted ; to be 

chosen by the National Legislature for the term of years, 

to receive punctually at stated times, a fixed compensation 
for the services rendered, in which no increase or diminution 
shall be made so as to affect the Magistracy existing at the 
time of increase or dimunition, and to be ineligible a second 
time ; and that besides a general authority to execute the 
National laws, it ought to enjoy the Executive rights vested in 
Congress by the Confederation. 

8. Resd. that the Executive and a convenient number of 
the National Judiciary, ought to compose a council of revision 
with authority to examine every act of the National Legisla- 
ture before it shall operate, and every act of a particular Legis- 
lature before a Negative thereon shall be final ; and that the 
dissent of the said Council shall amount to a rejection, unless 
the Act of the National Legislature be again passed, or that 

of a particular Legislature be again negatived by '■ of the 

members of each branch. 

9. Resd. that a National Judiciary be established to con- 
sist of one or more supreme tribunals, and of inferior tribunals 
to be chosen by the National Legislature, to hold their offices 



516 MAKING THE CONSTITUTION 

during good behaviour ; and to receive punctually at stated times 
fixed compensation for their services, in which no increase or 
diminution shall be made so as to affect the persons actually 
in office at the time of such increase or diminution that the 
jurisdiction of the inferior tribunals shall be to hear and de- 
termine in the first instance, and of the supreme tribunal to 
hear and determine in the dernier resort, all piracies and felo- 
nies of the high seas, captures from an enemy ; cases in which 
foreigners or citizens of other States applying to such jurisdic- 
tion may be interested, or which respect the collection of the 
National revenue ; impeachments of any National officers, and 
questions which may involve the national peace and harmony. 

10. Resolvd. that provision ought to be made for the ad- 
mission of States lawfully arising within the limits of the 
United States, whether from a voluntary junction of Govern- 
ment and Territory or otherwise, with the consent of a number 
of voices in the National legislature less than the whole. 

11. Resd. that a Republican Government and the territory 
of each State, except in the instance of a voluntary junction 
of Government and territory, ought to be guaranteed by the 
United States to each State. 

12. Resd. that provision ought to be made for the continu- 
ance of Congress and their authorities and privileges, until a 
given day after the reform of the articles of Union shall be 
adopted, and for the completion of all their engagements. 

13. Resd. that provision ought to be made for the amend- 
ment of the Articles of Union whensoever it shall seem neces- 
sary ; and that the assent of the National Legislature ought 
not to be required thereto. 

14. Resd. that the Legislative Executive and Judiciary 
powers within the several States ought to be bound by oath 
to support the articles of Union. 

15. Resd. that the amendments which shall be offered to 
the Confederation by the Convention, ought at a proper time, 
or times, after the approbation of Congress to be submitted to 
an assembly or assemblies of Representatives, recommended by 



GEORGE MASON'S ACCOUNT 517 

the several Legislatures to be expressly chosen by the people 
to consider and decide thereon. 

157. George Mason on the Convention and its Aristocratic Ten- 
dencies (June, 1787) 

George Mason to George Mason, Jr. 

Becords of the Federal Convention (Farrand), III, 32-33 

Philadelphia, June 1, 1787. 

. . . Virginia has had the honor of presenting the outlines 
of the plan upon which the convention is proceeding ; but so 
slowly that it is impossible to judge when the business will be 
finished, most probably not before August — festina lente 
may very well be called our motto. When I first came here, 
judging from casual conversations with gentlemen from the different 
States, I was very apprehensive that, soured and disgusted with the 
unexpected evils we had experienced from the democratic principles of 
our governments, we should be apt to run into the opposite extreme 
and in endeavoring to steer too far from Scylla, we might be drawn 
into the vortex of Charybdis, of which I still think there is some 
danger,^ though I have the pleasure to find in the convention, 
many men of fine republican principles. America has cer- 
tainly, upon this occasion, drawn forth her first characters ; 
there are upon this Convention many gentlemen of the most 
respectable abilities, and so far as I can discover, of the purest 
intentions. The eyes of the United States are turned upon 
this assembly, and their expectations raised to a very anxious 
degree. . . . 

All communications of the proceedings are forbidden during 
the sitting of the Convention ; this I think was a necessary 
precaution to prevent misrepresentations or mistakes ; there 
being a material difference between the appearance of a subject 
in its first crude and undigested shape, and after it shall have 
been properly matured and arranged. 

1 Later, Mason became again convinced there was much such danger. 
Cf. No. 161 below. 



518 MAKING THE CONSTITUTION 

158. The New Jersey Plan 

Becords of the Federal Convention (Farrand), I, 242-245 (for June 
15). The Convention, in committee of the whole, in two weeks of de- 
bate, had adopted nineteen resolutions based upon the fifteen in the 
Virginia Plan above. Action upon this report of the committee of the 
whole was then interrupted by the presentation of the following plan on 
wliich the " Small States" had now agreed. 

Mr. Patterson [New Jersey] laid before the Convention the 
plan which he said several of the deputations wished to be 
substituted in place of that proposed by Mr. Randolph. After 
some little discussion of the most proper mode of giving it a 
fair deliberation it was agreed that it should be referred to a 
Committee of the Whole, and that in order to place the two 
plans in due comparison, the other should be recommitted. 
At the earnest desire of Mr. Lansing [New Jersey], and some 
other gentlemen, it was also agreed that the Convention should 
not go into Committee of the whole on the subject till tomorrow, 
by which delay the friends of the plan proposed by Mr. 
Patterson wd. be better prepared to explain and support it, and 
all would have an opportunity of taking copies. — 

The propositions from N. Jersey moved by Mr. Patterson 
were in the words following. 

1. Resd. that the articles of Confederation ought to be so re- 
vised, corrected and enlarged as to render the federal Consti- 
tution adequate to the exigencies of G-overnment, and the pres- 
ervation of the Union. 

2. Resd. that in addition to the powers vested in the U. States 
in Congress, by the present existing articles of Confederation, 
they be authorized to pass acts for raising a revenue, by levy- 
ing a duty or duties on all goods and merchandizes of foreign 
growth or manufacture, imported into any part of the U. States, 
by Stamps on paper, vellum or parchment, and by a postage on 
all letters or packages passing through the general post-Office, 
to be applied to such federal purposes as they shall deem proper 
and expedient; to make rules and regulations for the collection 
thereof ; and the same from time to time to alter and amend in 



THE NEW JERSEY PLAN 519 

such manner as they shall think proper : to pass Acts for the reg- 
ulation of trade and commerce as well with foreign nations as 
with each other : provided that all punishments, fines, forfeitures 
and penalties, to be incurred for contravening such acts rules and 
regulations shall be adjudged by the Common law judiciarys of 
the State in which any offence contrary to the true intent and 
meaning of such Acts rules and regulations shall have been com- 
mitted or perpetrated, with liberty of commencing in the first in- 
stance all suits and prosecutions for that purpose in the supe- 
rior Common law Judiciary in such State, subject nevertheless, 
for the correction of ;ill errors, both in law and fact in rendering 
judgment, to an appeal to the Judiciary to the U. States. 

3. Resd. that whenever requisitions shall be necessary, in- 
stead of the rule for making requisitions mentioned in the arti- 
cles of Confederation, the United States in Congs. be authorized 
to make such requisitions in proportion to the whole number of 
white and other free citizens and inhabitants of every age sex and 
condition including those bound to servitude for a term of years 
and threefifths of all other persons not comprehendedin the fore- 
going description, except Indians not paying taxes ; that if such 
requisitions be not complied with, in the time specified therein, 
to direct the collection thereof in the non complying States and 
for that purpose to devise and pass acts directing and authoriz- 
ing the same ; provided that none of the powers hereby vested 
in the U. States in Congs. shall be exercised without the con- 
sent of at least States, and in that proportion, if the 

number of Confederated States should hereafter be increased 
or diminished. 

4. Resd. that the U. States in Congs. be authorized to elect 

a federal Executive to consist of persons, to continue in 

office for the term of years, to receive punctually at stated 

times a fixed compensation for their services, in which no in- 
crease or diminution, shall be made so as to affect the persons 
composing^ the Executive at the time of such increase or dimi- 
nution, to be paid out of the federal treasury ; to be incapable 
of holding any other office or appointment during their time 



520 MAKING THE CONSTITUTION 

of service and for years thereafter ; to be ineligible 

a second time, and renioveable by Congs. on application 
by a majority of the Executives of the several States ; that the 
Executives besides their general authority to execute the fed- 
eral acts ought to appoint all federal officers not otherwise pro- 
vided for, and to direct all military operations ; provided that 
none of the persons composing the federal Executive shall on 
any occasion take command of any troops, so as personally to 
conduct any enterprise as General, or in other capacity. 

5. Resd. that a federal judiciary be established to consist 
of a supreme Tribunal the Judges of which to be appointed by 
the Executive, and to hold their offices during good behaviour, 
to receive punctually at stated times a fixed compensation for 
their services in which no increase or diminution shall be made, 
so as to affect the persons actually in office at the time of such 
increase or diminution ; that the Judiciary so established shall 
have authority to hear and determine in the first instance on all 
impeachments of federal officers, and byway of appeal, in the dernier 
resort, in all cases touching the rights of Ambassadors, in all cases of 
captures from an enemy, in all cases of piracies and felonies on the 
high seas, in all cases in which foreigners may be interested, in the 
construction of any treaty or treaties, or which may arise on any of 
the Acts for regulation of trade, or the collection of the federal Rev- 
enue : that none of the Judiciary shall during the time they 
remain in Office be capable of receiving or holding any other 

office or appointment during their time of service, or for 

thereafter. 

6. Resd. that all Acts of the U. States in Congs. made by virtue 
and in pursuance of the powers hereby and by the articles of confed- 
eration vested in them, and all Treaties made and ratified under 
the authority of the U. States shall be the supreme law of the 
respective States so far forth as those Acts or Treaties shall relate 
to the said States or their Citizens, and that the Judiciary of the 
several States shall be bound thereby in their decisions,- any thing 
in the respective laws of the individual States to the contrary 
notwithstanding; and that if any State or any body of men in 



HAMILTON'S PLAN 521 

any State shall oppose or prevent the carrying into execution 
such acts or treaties, the federal Executive shall be authorized 
to call forth the i)ower of the Confederated States, or so much 
thereof as may be necessary to enforce and compel an obedi- 
ence to such Acts or an Observance of such Treaties. 

7. Eesd. that provision be made for the admission of new 
States into the Union. 

8. Resd. the rule for naturalization ought to be the same in 
every State. 

9. Resd. that a Citizen of one State committing an offence 
in another State of the Union, shall be deemed guilty of the 
same offence as if it had been committed by a Citizen of the 
State in which the Offence was committed. 

Adjourned 

159. Hamilton's Plan 

On June 18, Hamilton occupied nearly the whole session with an argu- 
ment for a government stronger and more centralized even than the 
Virginia Plan — to meet the advocates of the New Jersey Plan by taking 
high gi-ound. During this address he presented his own Plan (not what 
he thought attainable, but desirable). The paper given below (from 
Hamilton's ]Vorks, Federalist edition, I, 401 ff.) seems to have been pre- 
pared to assist the delivery of this address, as a sort of brief. The ad- 
dress itself is reported by Madison {Journal^ for June 18) much more at 
length, but with many of the same phrases. The student would do well 
to compare the two. Copious extracts from that speech, and from other 
words of Hamilton in the Convention, are quoted in American History 
and Government, § 200. 

All communities divide themselves into the few and the 
many. The first are the rich and well-born ; the other, the mass 
of the people. . . . The people are turbulent and changing ; 
they seldom judge or determine right. Give therefore to the 
first class [the few] a distinct permanent share in the govern- 
ment. They will check the unsteadiness of the second; and, 
as they cannot receive any advantage by a change, they there- 
fore will ever maintain good government. . . . Nothing but a 
permanent body can check the imprudence of democracy. 



522 MAKING THE CONSTITUTION 

Their turbulent and uncontrollable disposition requires 
checks. . . . 

It is admitted that you cannot have a good Executive upon 
a democratic plan. See the excellency of the British Executive. 
He is placed above temptation. He can have no distinct in- 
terests from the jjublic welfare. Nothing short of such an 
executive can be efficient. . . . Let one body of the Legislature be 
constituted during good behavior or life. Let one Executive be 
appointed who dares execute his powers. It may be asked : 
Is this a republican system ? It is strictly so, as long as they 
remain elective. And let me observe that an Executive is 
less dangerous to the liberties of the people when in office 
during life, than for seven years. . . . Let electors be appointed 
in each of the States to elect the Legislature, to consist of two 
branches ; and I would give them [the national legislature] 
the unlimited -power of passing all lavjs, without exception. The 
Assembly to be elected for three years by the people in dis- 
tricts. The Senate to be elected by electors to be chosen for 
that purpose by the people, and to remain in office during life. 
The Executive to have the power of negativing all laws; to make 
war and peace, with their [Senate's] advice, but to have sole 
direction of all military operations, and to send ambassadors, 
and apiDoint all military officers ; and to pardon all offenders, 
treason excepted, unless by advice of the Senate . . . Supreme 
judicial officers to be appointed by the Executive and the Senate. 

The Legislature to appoint courts in each State, so as to 
make the State governments unnecessary to it. All state laws 
which contravene the general laws to be absolutely void. An 
officer to be app>ointed in each State to have a negative on all 
State laws. . . . 

160. Character Sketches of Delegates by William Pierce 

Becords of the Federal Convention, III, 87 ff. 

Pierce was a delegate from Georgia. It is not known just when he 
composed these sketches. 



MEN OF THE CONVENTION 523 

From New Hampshire. 

Mr. Langdon is a man of considerable fortune. . . . 
From Massachusetts. 

Kufus King, Nath Gorham, Gerry and Jno. [Caleb] Strong 
Esquires. 

Mr. King is a Man much distinguished for his eloquence 
and great parliamentary talents. He was educated in Massa- 
chusetts and is said to have good classical as well as legal 
knowledge. He has served for three years in the Congress of 
the United States with great and deserved applause, and is at 
this time high in the confidence and approbation of his 
Countrymen. This Gentleman is about thirty three years of 
age, about five feet ten Inches high, well formed, an handsome 
face, with a strong expressive Eye, and a sweet high toned 
voice. In his public speaking there is something peculiarly 
strong and rich in his expression, clear, and convincing in his 
arguments, rapid and irresistible at times in his eloquence but 
he is not always equal. His action is natural, swimming and 
graceful, but there is a rudeness of manner sometimes accom- 
panying it. But take him tout en semble, he may with pro- 
priety be ranked among the Luminaries of the present Age. 

Mr. Gorham is a Merchant in Boston. . . . 

Mr. Gerry's character is marked for integrity and persever- 
ance. He is a hesitating and laborious speaker ; — possesses a 
great degree of confidence and goes extensively into all sub- 
jects that he speaks on, without respect to elegance or flower 
of diction. He is connected and sometimes clear in his argu- 
ments, conceives well, and cherishes as his virtue, a love for 
his Country. Mr. Gerry is very much of a Gentleman in his 
principles and manners; — he has been engaged in the mer- 
cantile line and is a Man of property. He is about 37 years of age. 
From Connecticut. 

Saml. Johnson, Koger Sherman, and W. [Oliver] Elsworth 
Esquires. 



524 MAKING THE CONSTITUTION 

Mr. Shermao exhibits the oddest shaped character I ever 
remember to have met with. He is awkward, un-winning, and 
unaccountably strange in his manner. But in his train of 
thinking there is something regular, deep and comprehensive ; 
yet the oddity of his address, the vulgarisms that accompany 
his public speaking, and that strange New England cant that 
runs through his public as well as his private speaking make 
everything that is connected with him grotesque and laugh- 
able; — and yet he deserves infinite praise, — no Man has a 
better Heart or a clearer Head. If he cannot embellish he 
can furnish thoughts that are wise and useful. He is an able 
politician and extremely artful in accomplishing any particular 
object ; — and it is remarked that he seldom fails. I am told 
he sits on the bench in Connecticut, and is very correct in the 
discharge of his Judicial functions. In the early part of his 
life he was a Shoe-maker; — but despising the lowness of his 
condition, he turned Almanack maker, and so progressed up- 
wards to a Judge. He has been several years a Member of 
Congress, and discharged the duties of his Office with honor 
and credit to himself, and advantage to the State he repre- 
sented. He is about 60. 

Mr. Els worth is a Judge of the Supreme Court in Connec- 
ticut ; — he is a Gentleman of a clear, deep, and copious under- 
standing ; eloquent, and connected in public debate ; and 
always attentive to his duty. He is very happy in a reply, 
and choice in selecting such parts of his adversary's argu- 
ments as he finds make the strongest impressions, — in order 
to take off the force of them, so as to admit the power of his 
own. Mr. Elsworth is about 37 years of age, a Man much 
respected for his integrity, and venerated for his abilities. 
From New York. 

Alexander Hamilton, [Robert] Yates, and W. [John] 
Lansing Esquires. 

Colo. Hamilton is deservedly celebrated for his talents. 
He is a practitioner of the Law, and reputed to be a finished 
Scholar. To a clear and strong judgment he unites the orna- 



MEN OF THE CONVENTION 525 

ments of fancy, and whilst he is able, convincing, and engag- 
ing in his eloquence the Heart and Head sympathize in 
approving him. Yet there is something too feeble in his 
voice to be equal to the strains of oratory ; — it is my opinion 
that he is rather a convincing Speaker, that [than] a blazing 
Orator. Colo. Hamilton requires time to think, — he enquires 
into every part of his subject with the searchings of phyloso- 
phy, and when he comes forward he comes highly charged 
with interesting matter. There is no skimming over the surface 
of a subject with him, he must sink to the bottom to see 
what foundation it rests on. — His language is not always 
equal, sometimes didactic like Bolingbroke's at others light 
and tripping like Stern's. His eloquence is not so defusive as 
to trifle with the senses, but he rambles just enough to strike 
and keep up the attention. He is about 33 years old, of 
small stature, and lean. His manners are tinctured with 
stiffness, and sometimes with a degree of vanity that is highly 
disagreeable. 

Mr. Yates is said to be an able Judge. He is a Man of 
great legal abilities, but not distinguished as an Orator. Some 
of his Enemies say he is an anti-federal Man, but I discovered 
no such disposition in him. He is about 45 years old, and 
enjoys a great share of health. 

Mr. Lansing is a practicing Attorney at Albany, and Mayor 
of that Corporation. He has a hesitation in his speech, that 
will prevent his being an Orator of any eminence ; — his legal 
knowledge I am told is not extensive, nor his education a 
good one. He is however a Man of good sense, plain in his 
manners, and sincere in his friendships. He is about 32 years 
of age. 

From New Jersey. 

Wm. Livingston, David Brearly, Wm. Patterson, and Jonn. 
Dayton, Esquires. 

Governor Livingston is confessedly a Man of the first rate 
talents, but he appears to me rather to indulge a sportiveness 
of wit, than a strength of thinking. He is however equal to 



526 MAKING THE CONSTITUTION 

anything, from the extensiveness of his education and genius. 
His writings teem with satyr and a neatness of style. But 
he is no Orator, and seems little acquainted with the guiles of 
policy. He is about 60 years old, and remarkably healthy. 

Mr. Brearly is a man of good, rather than of brilliant parts. 
He is a Judge of the Supreme Court of New Jersey, and is 
very much in the esteem of the people. As an Orator he has 
little to boast of, but as a Man he has every virtue to recom- 
mend him. Mr. Brearly is about 40 years of age. 

M. Patterson is one of those kind of Men whose powers 
break in upon you, and create wonder and astonishment. He 
is a Man of great modesty, with looks that bespeak talents 
of no great extent, — but he is a Classic, a Lawyer, and an 
Orator; — and of a disposition so favorable to his advance- 
ment that every one seemed ready to exalt him with their 
praises. He is very happy in the choice of time and manner 
of engaging in a debate, and never speaks but when he under- 
stands his subject well. This Gentleman is about 34 years 
of age, of a very low stature. 

Capt. Dayton is a young Gentleman of talents, wdth am- 
bition to exert them. He possesses a good education, and 
some reading; he speaks well, and seems desirous of improv- 
ing himself in Oratory. There is an impetuosity in his temper 
that is injurious to him; but there is an honest rectitude 
about him that makes him a valuable Member of Society, and 
secures to him the esteem of all good Men. He is about 30 
years old, jerved wdth me as a Brother Aid to General Sulli- 
van in the Western expedition of '79. 

From Pennsylvania. 

Benja. Franklin, Thos. Milfiin, Robt. Morris, Geo. Clymer, 
Thomas Fitzsimmons, Jared Ingersol, James Wilson, Gov- 
erneur Morris. 

Dr. Franklin is well known to be the greatest phylosopher 
of the present age ; — all the operations of nature he seems to 
understand, — the very heavens obey him, and the Clouds 
yield up their Lightning to be imprisoned in his rod. But 



MEN OF THE CONVENTION 527 

what claim he has to the politician posterity must determine. 
It is certain that he does not shine much in public Council, — 
he is no Speaker, nor does he seem to let politics engage his 
attention. He is, however, a most extraordinary Man, and 
tells a story in a style more engaging that anything I ever 
heard. Let his Biographer finish his character. He is 82 
years old, and possesses an activity of mind equal to a youth 
of 25 years of age. 

Kobert Morris is a merchant of great eminence and wealth ; 
an able Financier, and a worthy Patriot. He has an under- 
standing equal to any public object, and possesses an energy 
of mind that few Men can boast of. Although he is not 
learned, yet he is as great as those who are. I am told that 
when he speaks in the Assembly of Pennsylvania, that he 
bears down all before him. What could have been his reason 
for not Speaking in the Convention I know not, — but he never 
spoke on any point. This Gentleman is about 50 years of 
age. . . . 

Mr. Fitzsimmons is a Merchant of considerable talents. . . . 



Mr. Ingersol is a very able Attorney, and possesses a clear 
legal understanding. He is well educated in the Classic's 
and is a Man of very extensive reading. Mr. Ingersol speaks 
well, and comprehends his subject fully. There is a modesty 
in his character that keeps him back. He is about 36 years 
old. 

Mr. Wilson ranks among the foremost in legal and political 
knowledge. He has joined to a fine genius all that can set 
him off and show him to advantage. He is well acquainted 
with Man, and understands all the passions that influence him. 

Government seems to have been his peculiar Study, all the 
political institutions of the World he knows in detail, and 
can trace the causes and effects of every revolution from the 
earliest stages of the Greecian commonwealth down to the 



528 MAKING THE CONSTITUTION 

present time. No man is more clear, copious, and compre- 
hensive than Mr. Wilson, yet he is no great Orator. He draws 
the attention not by the charm of his eloquence, but by the 
force of his reasoning. He is about 45 years old. 

Mr. Governeur Morris is one of those Genius's in whom every 
species of talents combine to render him conspicuous and flour- 
ishing in public debate : — He winds through all the mazes of 
rhetoric, and throws around him such a glare that he charms, 
captivates, and leads away the senses of all who hear him. 
With an infinite streach of fancy he brings to view things when 
he is engaged in deep argument, that render all the labor of 
reasoning easy and pleasing. But with all these powers he is 
fickle and inconstant, — never pursuing one train of thinking, — 
nor ever regular. He has gone through a very extensive course 
of reading, and is acquainted with all the sciences. No Man 
has more wit, — nor can any one engage the attention more 
than Mr. Morris. He was bred to the Law, but I am told he 
disliked the profession, and turned merchant. He is engaged 
in some great mercantile matters with his namesake Mr. Robt 
Morris. This Gentleman is about 38 years old, he has been 
unfortunate in losing one of his Legs, and getting all the flesh 
taken off his right arm by a scald, when a youth. 

From Delaware. 

John Dickinson, Gunning Bedford, Geo : Richd. Bassett, and 
Jacob Broom Esquires. 

Mr. Dickinson has been famed through all America, for his 
Farmers Letters ; he is a Scholar, and said to be a Man of very 
extehsive information. When I saw him in the Convention I 
was induced to pay the greatest attention to him whenever he 
spoke. I had often heard that he was a great Orator, but I 
found him an indifferent Speaker. With an affected air of 
wisdom he labors to produce a trifle, — his language is irreg- 
ular and incorrect, — his flourishes (for he sometimes attempts 
them), are like expiring flames, they just shew themselves and 
go out; — no traces of them are left on the mind to chear or 
animate it. He is, however, a good writer and will ever be 



MEN OF THE CONVENTION 529 

considered one of the most important characters in the United 
States. He is about 55 years old, and was bred a Quaker. 

Mr. Bedford was educated for the Bar, and in his profession 
I am told has merit. He is a bold and nervous Speaker, and 
has a very commanding and striking manner; — but he is 
warm and inpetuous in his temper, and precipitate in his judg- 
ment. [Cf. No. 161.] Mr. Bedford is about 32 years old, and 
very corpulant. 

From Maryland. 

Luther Martin, Jas. McHenry, Daniel of St. Thomas, Jenifer, 
and Daniel Carrol Esquires. 

Mr. Martin was educated for the Bar, and is Attorney gen- 
eral for the State of Maryland. This Gentleman possesses a 
good deal of information, but he has a very bad delivery, and 
so extremely prolix, that he never speaks without tiring the 
patience of all who hear him. He is about 34 years of age. 

Mr. Jenifer is a Gentleman of fortune. . . . 

Mr. Carroll is a Man of large fortune. . . . 
From Virginia. 

Genl. Geo : "Washington, Geo : Wythe, Geo : Mason, Jas. 
Maddison junr. Jno. Blair, Edmd. Randolph, and James Mc.Lurg. 

Mr. Mason is a Gentleman of a remarkable strong powers, 
and possesses a clear and copious understanding. He is able 
and convincing in debate, steady and firm in his principles, 
and undoubtedly one of the best politicians in America. Mr. 
Mason is about 60 years old, with a fine strong constitution. 

Mr. Maddison is a character who has long been in public 
life; and what is very remarkable every Person seems to 
acknowledge his greatness. He blends together the profound 
politician, with the Scholar. In the management of every 
great question he evidently took the lead in the Convention, 
and tho' he cannot be called an Orator, he is a most agreable, 
eloquent, and convincing Speaker. From a spirit of industry 



530 MAKING THE CONSTITUTION 

and application which he possesses in a most eminent degree, 
he always comes forward the best informed Man of any point 
in debate. The affairs of the United States, he perhaps, has 
the most correct knowledge of, of any Man in the Union. He 
has been tw^ice a Member of Congress, and was always thought 
one of the ablest Members that ever sat in that Council. Mr. 
]\Iaddison is about 37 years of age, a Gentleman of great mod- 
esty, — with a remarkable sweet temper. He is easy and un- 
reserved among his acquaintances, and has a most agreable 
style of conversation. 

Mr. Blair is one of the most respectable Men in Virginia 
both on account of his Family as well as his fortune. ... 

Mr. Randolph is Governor of Virginia, — a young Gentle- 
man in whom unite all the accomplishments of the Scholar, 
and the States-man. He came forward with the postulata or 
first principles, on which the Convention acted, and he sup- 
ported them with a force of eloquence and reasoning that did 
him great honor. He has a most harmonious voice, a fine 
person and striking manners. Mr. Randolph is about 32 years 
of asre. 



North Carolina. 

Wm. Blount, Eichd. Dobbs Spaight, Hugh Williamson, Wm. 
Davey, and Jno. [Alexander] Martin Esquires, 

Mr. Blount is a character strongly marked for integrity and 
honor. He has been twice a Member of Congress, and in that 
office discharged his duty with ability and faithfulness. He 
is no Speaker, nor does he possess any of those talents that 
make Men shine ; — he is plain, honest, and sincere. Mr. Blount 
is about 36 years of age. 

Mr. Spaight is a worthy Man, of some abilities, and fortune. 
Without possessing a Genius to render him brilliant, he is able 
to discharge any public trust that his Country may repose in 
him. He is about 31 years of age. . . . 



MEN OF THE CONVENTION 531 

South Carolina. 

Jno. Kutledge, Chs. Coteswortli Pinckney, Charles Pinckney, 
and Pierce Butler Esquires. 

Mr. Rutledge is one of those characters who was highly 
mounted at the commencement of the late revolution; his 
reputation in the hrst Congress gave him a distinguished rank 
among the American Worthies. He was bred to the Law, and 
now acts as one of the Chancellors of South Carolina. This 
Gentleman is much famed in his own State as an Orator, but 
in my opinion he is too rapid in his public speaking to be 
denominated an agreeable Orator. He is undoubtedly a man 
of abilities, and a Gentleman of distinction and fortune. Mr. 
Eutledge was once Governor of South Carolina. He is about 
48 years of age. 

Mr. Chas. Coteswortli Pinckney is a Gentleman of Family 
and fortune. . . . 

Mr. Charles Pinckney is a young Gentleman of most prom- 
ising talents. He is, altho only 24 years of age, in possession 
of a very great variety of knowledge. Government, Law, His- 
tory, and Philosophy are his favorite studies, but he is inti- 
mately acquainted with many species of polite learning. . . . 



For Georgia. 

Wm. Few, Abraham Baldwin, Wm. Pierce, and Wm. Hous- 
toun Esqrs. 

Mr. Few possesses a strong natural Genius, and from appli- 
cation has acquired some knowledge of legal matters ; and he 
practices at the bar of Georgia, and speaks tolerably well in 
the Legislature. He has been twice a Member of Congress, 
and served in that capacity with fidelity to his State, and honor 
to himself. Mr. Few is about 35 years of age. 

Mr. Baldwin is a Gentleman of superior abilities, and joins 
in a public debate with great art and eloquence. Having laid 
the foundation of a compleat classical education at Harvard 
College, he pursues every other study with ease. He is well 



532 MAKING THE CONSTITUTION 

acquainted with Books and Characters, and has an accomodat- 
ing turn of mind, which enables him to gain the confidence of 
Men, and to understand them. He is a practicing Attorney 
in Georgia, and has been twice a Member of Congress. Mr. 
Baldwin is about 38 years of age. 

Mr. Houstoun is an Attorney at Law. . . . He is a Gentle- 
man of Family, and was educated in England. As to his legal 
or political knowledge, he has very little to boast of. Nature 
seems to have done more for his corporeal than mental powers. 
His person is striking. . . 

161. One Day in the Philadelphia Convention 

Madison's Journal. The day chosen was the closing day of debate 
on the "Connecticut Compromise" proposition, when the Convention 
came near disruption. For the narrative, cf. American History and 
Government, § 203. 

Saturday, June 30th 

In Convention, — Mr. Brearly [New Jersey]^ moved that 
the President write to the Executive of New Hampshire, in- 
forming it that the business depending before the Convention 
was of such a nature as to require the immediate attandance 
of the Deputies of that State. In support of his motion, he 
observed that the difficulties of the subject, and the diversity 
of opinions called for all the assistance we could possibly 
obtain. (It was well understood that the object was to add 
New Hampshire to the number of States opposed to the 
doctrine of proportional representation, which it was presumed, 
from her relative size, she must be adverse to.) 

Mr. Patterson [New Jersey] seconded the motion. 

Mr. RuTLEDGE [South Carolina] could see neither the 
necessity nor propriety of such a measure. They are not 
unapprized of the meeting, and can attend if they choose. 

1 Observe the motion was a " small-State " move, opposed by the " large 
States " in debate as in vote. 



THE PHILADELPHIA CONVENTION 533 

Rhode Island might as well be urged to appoint and send 
deputies. Are we to suspend the business until the Deputies 
arrive ? If we proceed, he hoped all the great points would 
be adjusted before the letter could produce its effect. 

Mr. King [Massachusetts] said he had written more than 
once as a private correspondent, and the answer gave him 
every reason to expect that State would be represented very 
shortly, if it should be so at all. Circumstances of a personal 
nature had hitherto prevented it. A letter could have no 
effect. 

Mr. Wilson [Pennsylvania] wished to know, whether it 
would be consistent with rule or reason of secrecy, to com- 
municate to ^ew Hampshire that the business was of such a 
nature as the motion described. It would spread a great alarm. 
Besides he doubted the propriety of soliciting any State on 
the subject, the meeting being merely voluntary. 

On motion of Mr. Brearly. 

New York, New Jersey, aye — 2; Massachusetts, Connect- 
icut, Virginia, North Carolina, South Carolina, no — 5 ; 
Maryland divided ; Pennsylvania, Delaware, Georgia, not on 
the floor. 

The motion of Mr. Ellsworth being resumed, for al- 
lowing each State an equal vote in the second branch, — ^ 

Mr. Wilson did not expect such a motion after the es- 
tablishment of the contrary principle in the first branch ; and 
considering the reasons which would oppose it, even if an 
equal vote had been allowed in the first branch. The gentle- 
man from Connecticut (Mr. Ellsworth) had pronounced, 
that if the motion should not be acceded to, of all the States 
north of Pennsylvania one only would agree to any General 
Governrnent. He entertained more favourable hopes of Con- 
necticut and of the other Northern States. He hoped the 
alarms exceeded their cause, and that they would not abandon 

iThis motion had been made the day before. The Convention had pre- 
viously agreed that voting in the "first branch" should be in proportion to 
population. 



534 MAKING THE CONSTITUTION 

a country to which they were bound by so many strong and 
endearing ties. But should the deplored event happen, it 
would neither stagger his sentiments nor his duty. If the 
minority of the people of America refuse to coalesce with the 
majority on just and proper pri)iciples ; if a separation must 
take place, it could necer happen on better grounds. The votes 
of yesterday against the just principle of representation were 
as twenty-two to ninety of the people of America. Taking 
the opinions to be the same on this point, and he was sure, 
if there was any room for change, it could not be on the side 
of the majority, the question will be, shall less than one-fourth 
of the United States withdraw themselves from the Union, or 
shall more than three-fourths renounce the inherent, indisput- 
able and unalienable rights of men, in favor of the artificial 
system of States ? If issue must be joined, it was on this 
point he would choose to join it. The gentleman from Con- 
necticut, in supposing that the preponderance secured to the 
majority in the first branch had removed the objections to an 
equality of votes in the second branch for the security of the 
minority, narrowed the case extremely. Such an equality will 
enable the minority to control, in all cases whatsoever, the 
sentiments and interests of the majority. Seven States will 
control six : seven States, according to the estimates that had 
been used, composed twenty-four ninetieths of the whole 
people. It would be in the power, then, of less than one-third 
to overrule two-thirds, whenever a question should happen to 
divide the States in that manner. . . . 

Mr. Ellsworth. The capital objection of Mr. Wilsox, " that 
the minority will rule the majority," is not true. The power is 
given to the few to save them from being destroyed by the many. If 
an equality of votes had been given to them in both branches, 
the objection might have w^eight. Is it a novel thing that the 
few should have a check on the many ? Is it not the case in 
the British Constitution, the wisdom of which so many gentle- 
men have united in applauding ? Have not the House of 
Lords, who form so small a proportion of the nation, a negative 



THE PHILADELPHIA CONVENTION 535 

on the laws, as a necessary defence of their peculiar rights 
against the encroachments of the Commons ? No instance of 
a confederacy has existed in which an equality of voices has 
not been exercised by the members of it. We are running from 
one extreme to another. We are razing the foundations of the 
building, when we need only repair the roof. No salutary 
measure has been lost for want of a majority of the States 
to favor it. If security be all that the great States wish for, 
the first branch secures them. The danger of combinations 
among them is not imaginary. Although no particular abuses 
could be foreseen by him the possibility of them would be suf- 
ficient to alarm him. But he could easily conceive cases in 
which they might result from such combinations. Suppose, 
that, in pursuance of some commercial treaty or arrangement, 
three or four free ports and no more were to be established, 
would not combinations be formed in favor of Boston, Philadel- 
phia, and some port of the Chesapeake ? A like concert might 
be formed in the appointment of the great offices. He appealed 
again to the obligations of the Federal compact [Articles of Confeder- 
ation] in force, and which had been entered into with so much solem- 
nity; persuading himself that some regard would still be paid to the 
plighted faith under which each State, small as well as great, held an 
equal right of suffrage in the general councils. His remarks w^ere 
not the result of partial or local views. The State he repre- 
sented (Connecticut) held a middle rank. 

Mr. Madisox did justice to the able and close reasoning of 
Mr. Ellsworth, but must observe that it did not always 
accord with itself. On another occasion, the large States were 
described by him as the aristocratic States, ready to oppress 
the small. Now the small are the House of Lords, requiring 
a negative to defend them against the more numerous Com- 
mons. Mr. Ellsworth had also erred in saying that no in- 
stance had existed in which confederated states had not retained 
to themselves a perfect equality of suffrage. Passing over the 
German system, in which the King of Prussia has nine voices, 
he reminded Mr. Ellsworth of the Lycian confederacy. 



536 MAKING THE CONSTITUTION 

in which the component members had votes proportioned to 
their importance, and which Montesquieu recommends as the 
fittest model for that form of government. Had the fact been 
as stated by Mr. Ellsworth, it would have been of little 
avail to him, or rather would have strengthened the arguments 
against him ; the history and fate of the several confederacies, 
modern as well as ancient, demonstrating some radical vice in 
their structure. In reply to the appeal of Mr. Ellsworth 
to the faith plighted in the existing federal compact, he re- 
marked, that the party claiming from others an adherence to a 
common engagement, ought at least to be guiltless itself of a 
violation. Of all the States, however, Connecticut was perhaps 
least able to urge this plea. Besides the various omissions to 
perform the stipulated acts, from whicli no State was free, the 
Legislature of that State had, by a pretty recent vote, positively 
refused to pass a law for complying with the requisitions of 
Congress, and transmitted a copy of the vote to Congress.^ It 
was urged, he said, continually, that an equality of votes in the 
second branch was not only necessary to secure the small, but 
would be perfectly safe to the large ones ; whose majority in the 
first branch was an effectual bulwark. But notwithstanding 
this apparent defence, the majority of States might still injure 
the majority of the people. . . . He admitted that every pe- 
culiar interest, whether in any class of citizens or any descrip- 
tion of States, ought to be secured as far as possible. Wher- 
ever there is danger of attack, there ought to be given a con- 
stitutional power of defence. But he contended that the States 
were divided into different interests, not by their difference of size, 
but other circumstances; the most material of which resulted 
partly from climate, but principally from the effects of their hav- 
ing or not having slaves. These two causes concurred in forming 
the great division of interests in the United States. It did not lie 
between the large and small States. It lay between the Northern 
and Southern. . . . 

Mr. Ellsworth assured the House, that, whatever might be 

1 This begins the rather unhappy " personalities " of the debate. 



THE PHILADELPHIA CONVENTION 537 

thought of the Kepresentatives of Connecticut, the State was 
entirely Federal in her disposition. He appealed to her great 
exertions during the war, in supplying both men and money. 
Tlie muster-rolls would show she had more troops in the field than 
Virginia} If she had been delinquent, it had been from in- 
ability, and not more so than other States. 

Mr. Sherman. Mr. Madison animadverted on the delin- 
quency of the States, when his object required him to prove 
that the constitution of Congress was faulty. Congress is not 
to blame for the faults of the States. Their measures have 
been right, and the only thing wanting has been a further 
power in Congress to render them effectual. 

Mr. Davie [North Carolina] was much embarrassed, and 
wished for explanations. The Report of the Committee [of 
the Whole], allowing the Legislatures to choose the Senate, and 
establishing a proportional representation in it, seemed to be 
impracticable. There will, according to this rule, be ninety 
members in the outset, and the number will increase as new 
States are added. It was impossible that so numerous a body 
could possess the activity and other qualities required in it. 
Were he to vote on the comparative merits of the Report, as it 
stood, and the amendment, he should be constrained to prefer 
the latter. . . . Under this view of the subject, he could not 
vote for any plan for the Senate yet proposed. He thought 
that, in general, there were extremes on both sides. We ivere 
partly federal, p)Oirtly national, in our u7iion; and he did not see 
why the Government might not in some respects operate on 
the States, in others on the people. 

Mr. Wilson admitted the question concerning the number 
of Senators to be embarrassing. If the smallest States be 
allowed one, and the others in proportion, the Senate will 
certainly be too numerous. He looked forward to the time 
when the smallest States will contain a hundred thousand 
souls at least. Let there be then one Senator in each, for 
every hundred thousand souls, and let the States not having 

1 Cf. note above. 



538 MAKING THE CONSTITUTION 

that number of inhabitants be allowed one. He was willing 
himself to submit to this temporary concession to the small 
States; and threw out the idea as aground of compromise. . . . 
Doctor Fraxklin. The diversity of opinions turns on two 
points. If a proportional representation takes place, the 
small States contend that their liberties will be in danger. If 
an equality of votes is to be put in its place, the large States 
say their money will be in danger. When a broad table is to 
be made, and the edges of planks do not fit, the artist takes a 
little from both, and makes a good joint. In like manner, 
here, both sides must part from some of their demands, in 
order that they may join in some accommodating proposition. 
He had prepared one which he would read, that it might lie 
on the table for consideration. The proposition was in the 
words following : 

" That the Legislatures of the several States shall choose and send an 
equal number of delegates, namely . . . , who are to compose the second 
branch of the General Legislature. 

"That in all cases or questions wherein the sovereignty of individual 
States may be affected, or whereby their authority over their own citizens 
may be diminished, or the authority of the General Government within 
the several States augmented, each State shall have equal suffrage. 

" That in the appointment of all civil officers of the General Govern- 
ment, in the election of whom the second branch may by the constitution 
have part, each State shall have equal suffrage. 

"That in fixing the salaries of such officers, and in all allowances for 
public services, and generally in all appropriations and disposition of 
money to be drawn out of the general Treasury ; and in all laws for sup- 
plying that Treasury, the Delegates of the several States shall have suf- 
frage in proportion to the sums which their respective States do actually 
contribute to the Treasury." 

Where a ship had many owners, this was the rule of deciding 
on her expedition. He had been one of the ministers from 
this country to France during the joint war, and would have 
been very glad if allowed to vote in distributing the money to 
carry it on. 

Mr. King observed, that the simple question was, whether 



THE PHILADELPHIA CONVENTION 539 

each State should have an equal vote in the second branch; 
that it must be apparent to those gentlemen who liked neither 
the motion for this quality, nor the Eeport . as it stood, that 
the Report was as susceptible of melioration as the motion ; 
that a reform would be nugatory and nominal only, if we should 
make another Congress of the proposed Senate ; that if the 
adherence to an equality of votes was fixed and unalterable, 
there could not be less obstinacy on the other side ; and that 
we were in fact cut asunder already, and it was in vain to shut our 
eyes against it. That he was, however, filled with astonishment, 
that, if we were convinced that every mem in America was 
secured in all his rights, we should be ready to sacrifice this 
substantial good to the phantom of State sovereignty. That 
his feelings were more harrowed and his fears more agitated 
for his country than he could express ; that he conceived this 
to be the last opportunity of providing for its liberty and hap- 
piness : that he could not, therefore, but repeat his ainazement, 
that when a just government, founded on a fair representation 
of the People of America, was within our reach, we should re- 
nounce the blessing, from an attachment to the ideal freedom 
and importance of States. That should this wonderful illusion 
continue to prevail, his mind was prepared for any event, rather 
than sit down under a Government founded on a vicious prin- 
ciple of representation, and which must be as short-lived as it 
would be unjust. He might prevail on himself to accede to 
some such expedient as had been hinted by Mr. Wilson ; but 
he never could listen to an equality of votes, as proposed in the motion. 
Mr. Daytox. When assertion is given for proof, and terror sub- 
stituted for argument, he presumed they would have no effect, however 
eloquently spoken. It should have been shown that the evils we 
have experienced have proceeded from the equality now ob- 
jected to; and that the seeds of dissolution for the State Gov- 
ernments are not sown in the General Government. He con- 
sidered the system on the table [Virginia Plan] as a novelty, 
an amphibious monster ; and was persuaded that it never would 
be received by the people. 



540 MAKING THE CONSTITUTION 

Mr. Martin [Maryland] would never confederate, if it could not 
be done on just principles \_i.e., giving sinall States equal voice in 
at least one House]. 

Mr. Madison would acquiesce in the concession hinted by 
Mr. Wilson, on condition that a due independence should 
be given to the Senate. The plan in its present shape makes 
the Senate absolutely dependent on the States. The Senate, 
therefore, is only another edition of Congress. He knew the 
faults of that body, and had used a bold language against it. 
Still he would preserve the State rights as carefully as the 
trial by jury. 

Mr. Bedford [Delaware] contended, that there was no 
middle way between a perfect consolidation, and a mere 
confederacy of the States. The first is out of the question ; 
and in the latter they must continue, if not perfectly, yet 
equally, sovereign. If political societies possess ambition, 
avarice, and all the other passions which render them formi- 
dable to each other, ought we not to view them in this light 
here ? Will not the same motives operate in America as 
elsewhere? If any gentleman doubts it, let him look at 
the votes. Have they not been dictated by interest, by am- 
bition ? Are not the large States evidently seeking to aggrandize 
themselves at the expense of the small ? They think, no doubt, 
that they have right on their side, but interest has blinded 
their eyes. Look at Georgia. Though a small State at 
present, she is actuated by the prospect of soon being a great 
one. South Carolina is actuated both by present interest, and 
future prospects. She hopes, too, to see the other States cut 
down to her own dimensions. N^rth Carolina has the same 
motives of present and future interest. Virginia follows. 
Maryland is not on that side of the question. Pennsylvania 
has a direct and future interest. Massachusetts has a decided 
and palpable interest in the part she takes. . . . The three 
large States have a common interest to bind them together in commerce. 
But whether a combination, as we supposed, shall take place 
among them, in either case the small States must be ruined. 



THE PHILADELPHIA CONVENTION 541 

We must, like Solon, make such a government as the people 
will approve. Will the smaller States ever agree to the 
proposed degradation of them ? It is not true that the people 
will not agree to enlarge the powers of the present Con- 
gress. The language of the people has been, that Congress 
ought to have the power of collecting an impost, and of 
coercing the States where it may be necessary. On the first 
point they have been explicit, and, in a manner, unanimous 
in their declarations. And must they not agree to this, and 
similar measures, if they ever mean to discharge their engage- 
ments ? The little States are willing to observe their engage- 
ments, but will meet the large ones on no ground but that of the 
Confederation. We have been told, with dictatorial air, this is the 
last moment for a fair trial in favor of a good government. It will 
be the last, indeed, if the propositions reported from the Committee go 
forth to the people. He was under no apprehensions. The large 
States dare not dissolve the Confederation. If they do, the small 
ones tviUJiiicl some foreign ally, of more honour and good faith, 
who ivill take them by the hand, and do them justice. He did not 
mean, by this, to intimidate or alarm. It was a natural con- 
sequence, >vhich ought to be avoided by enlarging the Federal 
powers, not annihilating the Federal system. This is what the 
people expect. All agree in the necessity of a more efficient 
government, and why not make such an one as they desire ? 

Mr. Ellsworth. Under a National Government, he should 
participate in the national security, as remarked by Mr. King ; 
but that was all. What he wanted was domestic happiness. 
The National G-overnment could not descend to the local 
objects on which this depended. It could only embrace objects 
of a general nature. He turned his eyes, therefore, for the 
preservation of his rights, to the State Governments. From 
these alone he could derive the greatest happiness he expects 
in this life. His happiness depends on their existence, as much 
as a new-born infant on its mother for nourishment. If this 
reasoning was not satisfactory, he had nothing to add that could 
be so. 



542 MAKING THE CONSTITUTION 

Mr. Kixft was for preserving the States in a subordinate de- 
gree, and as far as they could be necessary for the purposes 
stated by Mr. Ellsworth. He did not think a full answer 
had been given to those who apprehended a dangerous encroach- 
ment on their jurisdictions. . . . He could not sit down with- 
out taking some notice of the language of the honorable gentle- 
man from Delaware (Mr. Bedford). It was not he [King] 
that had uttered a dictatorial language. This intemperance 
had marked the honorable gentleman himself. It was not he 
[King] who, with a vehemence unprecedented in that House, 
had declared himself ready to turn his hopes from our com- 
mon country, and court the protection of some foreign hand. 
This, too, was the language of the honorable member himself. 
He was grieved that such an expression had dropped from 
his lips. The gentleman could only excuse it to himself on 
the score of passion. For himself, whatever might be his dis- 
tress, he would never court relief from a foreign power. 

Adjourned. 

[The vote, taken on the opening of the next session, is recorded as 
follows : 

" In Convention, — On the question for allowing each State one vote in 
the second branch, as moved by Mr. Ellsworth, it was lost, by an 
equal division of votes, — Connecticut, New York, New Jersey, Delaware, 
Maryland, aye — 5; Massachusetts, Pennsylvania, Virginia, North Car- 
olina, South Carolina, no — 5; Georgia, divided (Mr. Baldwin aye, Mr. 
Houston, no)." 

This was a tie, intentionally made so by the Georgia delegate who voted 
last. For this and for the final victory of the " Compromise, " cf. Ameri- 
can History and Government^ § 203. J 



XXVIII. RATIFYING THE CONSTITUTION i 

162. George Mason's Objections to the Constitution, 1787 

Kate Mason Rowland's Life of George Mason (1892), II, 387-390. 

Mason had been one of the most enthusiastic of the Philadelphia Con- 
vention in its early stages, writing to his son, after a few weeks, that he 
would "bury my bones in Philadelphia" rather than injure the business 
by leaving prematurely, though his private affairs were pressing. But he 
was more democratic than the Convention, and, before its close, he came 
to look upon the results with suspicion. He refused to sign the completed 
constitution, and afterward he opposed its ratification in Virginia. Mason 
was the chief author of the Virginia Bill of Rights of 1776 (No. 136 
above). Cf. also No. 163. 

There is no Declaration of Rights, and, the laws of the 
general government being paramount to the laws and constitu- 
tion of the several States, the Declaration of Rights in the 
separate States are no security. Nor are the i^eople secured 
even in the enjoyment of the benefit of the common law. 

In the House of Representatives there is not the substance 
but the shadow only of representation ; which can never 
produce proper information in the legislature, or inspire 
confidence in the people ; the laws will therefore be generally 
made by men little concerned in, and unacquainted with their 
effects and consequences. 

The Senate have the power of altering all money bills, and 
of originating appropriations of money, and the salaries of 
the officers of their own appointment, in conjunction with the 
president of the United States, although they are not the 
representatives of the people or amenable to them. 

1 The Federalist side is presented in books which should be accessible in 
reference libraries, much more fully than can possibly be reproduced here. 
Space is given for only three documents which indicate something of the 
opposition. 

543 



544 RATIFYING THE CONSTITUTION 

These with their other great powers (viz, : their power in the 
appointment of ambassadors and all public officers; in making 
treaties, and in trying all impeachments ; their influence upon 
and connection with the supreme Executive from these 
causes ; their duration of office and their being a constantly 
existing body, almost continually sitting; joined with their 
being one complete branch of the legislature) will destroy any 
balance in the government, and enable them to accomplish 
what usurpations they please upon the rights and liberties 
of the people. 

The Judiciary of the United States is so constructed and 
extended, as to absorb and destroy the judiciaries of the 
several States ; thereby rendering law as tedious, intricate and 
expensive, and justice as unattainable, by a great part of the 
community, as in England, and enabling the rich to oppress 
and ruin the poor. 

The President of the United States has no Constitutional 
Council, a thing unknown in any safe and regular government. 
He will therefore be unsupported by proper information and 
advice, and will generally be directed by minions and favor- 
ites ; or he will become a tool to the Senate — or a Council 
of State will grow out of the principal officers of the great 
departments ; the worst and most dangerous of all ingredients 
for such a Council in a free country. From this fatal defect 
has arisen the improper power of the Senate in the appoint- 
ment of public officers, and the alarming dependence and 
connection between that branch of the legislature and the 
supreme Executive. 

Hence also sprung that unnecessary officer the Vice-Presi- 
dent, who for want of other employment is made president 
of the Senate, thereby dangerously blending the executive 
and legislative powers, besides always giving to some one of 
the States an unnecessary and unjust preeminence over the 
others. 

The President of the United States has the unrestrained 
power of granting pardons for treason, which may be some- 



GEORGE MASON'S OBJECTIONS 545 

times exercised to screen from punishment those whom he 
had secretly instigated to commit the crime, and thereby 
prevent a discovery of his own guilt. 

By declaring all treaties supreme laws of the land, the Ex- 
ecutive and the Senate have, in many cases, an exclusive power 
of legislation ; which might have been avoided by proper dis- 
tinctions with respect to treaties, and requiring the assent of 
the House of Representatives, where it could be done with 
safety. 

By requiring only a majority to make all commercial and 
navigation laws, the five Southern States, whose produce and 
circumstances are totally different from that of the eight North- 
ern and Eastern States, may be ruined, for such rigid and pre- 
mature regulations may be made as will enable the merchants 
of the Northern and Eastern States not only to demand an ex- 
horbitant freight, but to monopolize the purchase of the com- 
modities at their own price, for many years, to the great injury 
of the landed interest, and impoverishment of the people ; and 
the danger is the greater as the gain on one side will be in pro- 
portion to the loss on the other. Whereas requiring two- 
thirds of the members present in both Houses would have 
produced mutual moderation, promoted the general interest, 
and removed an insuperable objection to the adoption of this 
government. 

Under their own construction of the general clause, at the end of 
the enumerated powers,^ the Congress may grant monopolies in 
trade and commerce, constitute new crimes, inflict unusual and 
severe punishments, and extend their powers as far as they 
shall think proper; so that the State legislatures have no se- 
curity for the powers now presumed to remain to them, or the 
people for their rights. 

Tliere is no declaration of any kind, for jireserving the liberty 
of the press, or the trial hy jury in civil causes; nor against the 
danger of standing armies in time of peace. 

1 " Necessary and proper." Mason almost alone saw the possibilities of 
change in this clause. Cf. No. 164 below. 



546 RATIFYING THE CONSTITUTION 

The State legislatures are restrained from laying export 
duties on their own produce. 

Both the general legislature and the State legislature are ex- 
pressly prohibited making ex post facto laws ; though there 
never was nor can be a legislature but must and will make such 
laws, when necessity and the public safety require them ; which 
will hereafter be a breach of all the constitutions in the Union, 
and afford precedents for other innovations. 

This government will set out a moderate aristocracy : it is at 
present impossible to foresee whether it will, in its operation, 
produce a monarchy, or a corrupt, tyrannical aristocracy ; it 
will most probably vibrate some years between the two, and 
then terminate in the one or the other. 

The general legislature is restrained from prohibiting the 
further importation of slaves for twenty odd years ; though 
such importations render the United States weaker, more 
vulnerable, and less capable of defence. 

163. Mason's Explanation of the Preparation of his "Objections" 
(and Accusation of 'Railroading" through the Plan of the 
Majority) 

George Mason to Thomas Jefferson [in France] 

Becords of the Federal Convention, III, 304-305. 

Virginia, Gunston Hall, May 26, 1788. 

I make no Doubt that You have long ago received Copys of 
the new Constitution. . . . Upon the most mature considera- 
tion I was capable of, and from Motives of sincere Patriotism, 
I was under the Necessity of refusing my Signature, as one 
of the Virginia Delegates; and drew up some general Objec- 
tions; which I intended to offer, by way of Protest; but 
was discouraged from doing so, by the precipitate and in- 
temperate, not to say indecent. Manner, in which the Business 
was conducted during the last week of the Convention, 
after the Patrons of this New Plan formed they had a 



GEORGE MASON'S OBJECTIONS 547 

decided Majority in their Favour: which was obtained by a 
Compromise between the Eastern and the two Southern States, 
to permit the latter to continue the Importation of Slaves for 
twenty odd years ; a more favorite Object with them than the 
Liberty and Happiness of the People. 

164. An Unfriendly Account of Hancock's Support of the Consti- 
tution in the Massachusetts Ratifying Convention of 1788 

Writings of Laco, VII, 23 ff. (a series of "Letters'' published by Stephen 
Higginson and other Federalists, in 1789, to defeat Hancock in his candi- 
dacy for reelection to the governorship). Higginson was a Boston mer- 
chant, and a leading Federalist. The "plan" he refers to as placed in 
Hancock's hands, favored the adoption of the Constitution with a list of 
amendments to be adopted later by the new government. 

There are men in every free society, who have not a common 
interest with the community at large ; and who rely wholly 
on the popular affection in their favour, to give them promotion 
and support in publick life. . . . Without abilities to make 
them really useful in publick life, and devoid of principles or 
merits that can command respect, they have no dependence 
but upon popular attention to bring them into view; and, 
having been long attentive to the popular i3ulse, and always 
acquainted with the darling object with the multitude for the 
time, they rarely fail to touch the right string, and to make 
the people subserve their own selfish and private views . . . 
There cannot be found within the compass of our memory, an 
instance, so strongly verifying the preceding observation, as 
that of Mr. H. and his adhering dependents. . . . 

. . . The course of his conduct from his reassuming the 
chair, to the meeting of our State Convention, for considering 
and adopting the new form of government for the Union, was 
nothing more than a renewed exhibition of the same levities, 
and a uniform preference of his own private interest, to that 
of the public. 

A scene now opens upon us, very interesting and important : 
— The objects which [were] then presented for our considera- 



548 RATIFYING THE CONSTITUTION 

tion, were so novel, and of snch magnitude, as deservedly 
engrossed the feelings and the attention of every man. No 
one could remain mute and indifferent, while the question 
as to the New Constitution was pending; and every one, 
who felt no other bias than a regard to the safety and hap- 
piness of our country, . . . was most anxiously solicitous 
for its adoption. But the popular demagogues, and those 
[who] were very much embarrassed in their affairs, united to 
oppose it with all their might ; and they laboured incessantly, 
night and day, to alarm the simple and credulous, by insinu- 
ating, that, however specious its appearance, and that of its 
advocates, tyranny and vassalage would result from its prin- 
ciples. The former of those descriptions were conscious, that 
a stable and efficient government would deprive them of all 
future importance, or support from the publick ; and the latter 
of them knew, that nothing but weakness and convulsions in 
government could screen them from payment of their debts. 
How far Mr. H. was influenced by either, or both of those 
motives, it is not easy to determine; but no one, who recol- 
lects his general habits, who knows his situation and views, 
and was acquainted with the open conversation and conduct of 
his cabinet counsellors, can have a doubt of his being opposed 
to it. We all know, that Mr. Quondam, and Mr. Changeling, 
as well as the once venerable old Patriot [Samuel Adams], who, 
by a notable defection, has lately thrown himself into the 
arms of Mr. H. in violation of every principle; and for the 
paltry privilege of sharing in his smiles, has, at the eve of 
life, cast an indelible stain over his former reputation — it is 
well known, I say, that these men do not dare to speak in 
publick a language opposite to that of their patron ; and it is 
equally notorious, that they were open in their opposition to 
the Constitution — They even went so far as to vilify its com- 
pilers, that they might thence draw an argument to support 
their suggestions of its containing the seeds of latent tyranny 
and oppression. They endeavoured by every possible mean in 
their power, to create a popular clamour against the Constitu- 



A FEDERALIST VIEW 549 

tion; but they failed in their attempt; and Mr. H. and his 
friends were obliged, upon their own principles to grow more 
cautious in their opposition. The good sense of the Mechanicks 
of Boston had produced some manly and spirited resolutions, 
which effectually checked Mr. H. and his followers in their 
opposition to the Constitution ; and eventually occasioned four 
votes in its favour, which otherwise would have been most 
certainly against it. Had those resolutions not made their 
appearance, Mr. H. and three others of our Delegates would 
have been in the negative ; but it was thought necessary by 
them, after they had appeared, to vote in favour of it. Having 
settled this point, the next thing was to do it with a good 
grace, and to profit as much by it as they could ; and Mr. H. 
accordingly intimated to the advocates for the adoption, that 
he would appear in its favour, if they would make it worth 
his while. This intimation was given through a common 
friend, who assured the friends of the Constitution, that 
nothing more would be required on the part of Mr. H. than a 
promise to support him in the chair at the next election. This 
promise, though a bitter pill, was agreed to be given ; for such 
was the state of things, that they were very much afraid to 
decide upon the question, whilst he was opposed to it. The 
famous conciliatory proposition of Mr. H. as it was called, was 
then prepared by the advocates, and adopted by him ; but the 
truth is, he never was consulted about it, nor knew its contents, 
before it was handed to him to bring forward in Convention. 
At the appointed time, Mr. H. with all the parade of an 
Arbiter of States, came out with the motion, not only in the 
words, but the very original paper that was given him ; and, 
with a confidence astonishing to all who were in the secret, he 
called it his own, and said it was the result of his own reflec- 
tions on the subject, in the short intervals of ease which he 
had enjoyed, during a most painful disorder. In this pompous 
and farcical manner did he make that famous proposition, 
upon which he and his adherents have arrogated so much ; 
but neither he nor they have any other merit in the case, than 



550 RATIFYING THE CONSTITUTION 

an attempt to deceive both parties can fairly entitle tlieni. 
For, at the very time he was buoying up the hopes of the 
advocates, he was assuring the opposers of the Constitution, 
by his emissaries, that he was really adverse to it ; and upon 
the strictest scrutiny we cannot find that any one vote was 
gained by his being ostensibly in favour of it. The votes of 
the Old Patriot, and Mr. Changeling, and Mr. Joyce, jun. we 
know were determined in its favour by the resolutions of the 
Mechanicks; but the votes of many others, who used implicitly 
to follow Mr. H. were in the negative, which were counted 
upon by the friends of the Constitution, as being certain on 
their side. This is a strong confirmation that Mr. H. was 
then playing a game, which these people w^ell understood ; 
and indeed they, some of them, explicitly declared it at the 
time. His subsequent conduct, in regard to amendments, is a 
clear proof also, that by appearing in its favour in Convention, 
he did not mean to support it; and that he was not serious 
when he declared his proposition to be only conciliatory, and 
not to remedy any defects existing in his mind in the consti- 
tution as reported, which he explicitly declared at the time 
was the case. 



THE FEDERAL CONSTITUTION 551 

165. The Federal Constitution 

Recommended by the Philadelphia Convention to the States, Septem- 
ber 17, 1787 ; ratified by the ninth State, June 21, 1788 ; in effect, April 
30, 1789 {American History and Government, §§210, 212). The text is 
that authorized by the Department of State and printed in the Revised 
Statutes (1878), except for the footnote references and the brackets used 
in a few instances to inclose portions of the document no longer effective, 
and for the omission of numbers for the paragraphs. Interpolated ex- 
planatory matter is in the same type as this paragraph, and is placed 
within marks of parenthesis. 

We the People ^ of the United States, in Order to form a more 
perfect Union, establish Justice, insure domestic Tranquil- 
lity, provide for the common defence, promote the general 
Welfare,^ and secure the Blessings of Liberty to ourselves 
and our Posterity, do ordain and establish this CoisrsTiTUTioN 
for the United States of America. 

ARTICLE I 

Sectiox 1. All legislative Powers herein granted shall be 
vested in a Congress of the United States, which shall consist 
of a Senate and House of Representatives. 

Section 2. The House of Representatives shall be composed 
of Members chosen every second Year by the People of the 
several States, and the Electors in each State shall have the 
Qualifications requisite for electors of the most numerous 
Branch of the State Legislature.^ 

No Person shall be a Representative who shall not have at- 
tained to the Age of twenty five Years, and been seven Years 
a Citizen of the United States, and who shall not, when elected, 
be an Inhabitant of that State in which he shall be chosen. 

Representatives and direct Taxes shall be apportioned among 
the several States which may be included within this Union, 

1 Cf . American History and Government, § 211. 
2/6., § 204 o. 

3 Modified by the Fifteenth Amendment ; and of. American History and 
Government, § 209. 



552 THE FEDERAL CONSTITUTION 

according to their respective numbers [which shall be deter- 
mined by adding to the whole Number of free Persons, includ- 
ing those bound to Service for a Term of Years], and exclud- 
ing Indians not taxed, [three fifths of all other Persons].^ 
The actual Enumeration shall be made within three Years 
after the first Meeting of the Congress of the United States, 
and within every subsequent Term of ten Years, in such Man- 
ner as they shall by Law direct.^ The number of Representa- 
tives shall not exceed one for every thirty Thousand,^ but each 
State shall have at Least one Representative ; [and until such 
enumeration shall be made, the State of New Hampshire shall 
be entitled to chuse three, Massachusetts eight, Rhode-Island 
and Providence Plantations one, Connecticut five. New- York 
six. New Jersey four, Pennsylvania eight, Delaware one, Mary- 
land six, Virginia ten, North Carolina five. South Carolina five, 
and Georgia three]. 

When vacancies happen in the Representation from any 
State, the Executive Authority thereof shall issue Writs of 
Election to fill such Vacancies. 

The House of Representatives shall chuse their Speaker and 
other Officers ; and shall have the sole Power of Impeachment. 

Section 3. The Senate of the United States shall be com- 
posed of two Senators from each State, chosen [by the Legis- 
lature thereof] ,'* for six Years ; and each Senator shall have 
one Vote. 

[Immediately after they shall be assembled in Consequence 
of the first Election, they shall be divided as equally as may 
be into three Classes. The Seats of the Senators of the first 
Class shall be vacated at the Expiration of the second Year, of 

1 The abolition of slavery has rendered obsolete the clauses within brack- 
ets in this paragraph. 

2Cf. American History and Government, § 205 h. The first census was 
taken in 1790, the second year of the new government, and one has been taken 
in the closing year of each decade since. 

3 The First Congress made the number 33,000. It is now (1911) 193,284. 

4 Superseded by the Seventeenth Amendment. 



THE FEDERAL CONSTITUTION 553 

the second Class at the Expiration of the fourth Year, and of 
the third Class at the Expiration of the sixth Year], so that 
one third may be chosen every second Year ; ^ and if Vacancies 
happen by Resignation, or otherwise, during the Recess of the 
Legislature of any State, the Executive thereof may make tem- 
porary Appointments until the next Meeting of the Legislature, 
which shall then fill such Vacancies. 

No Person shall be a Senator who shall not have attained to 
the Age of thirty Years, and been nine Years a Citizen of the 
United States, and who shall not, when elected, be an Inhabit- 
ant of that State for which he shall be chosen. 

The Vice President of the United States shall be President 
of the Senate, but shall have no Vote, unless they ^ be equally 
divided. 

The Senate shall chuse their other Ofi&cers, and also a Presi- 
dent pro tempore, in the Absence of the Vice President, or 
when he shall exercise the Office of President of the United 
States. 

The Senate shall have the sole Power to try all Impeach- 
ments. When sitting for that Purpose, they shall be on Oath 
or Affirmation. When the President of the United States is 
tried, the Chief Justice shall preside : And no Person shall be 
convicted without the Concurrence of two thirds of the Mem- 
bers present. 

Judgment in Cases of Impeachment shall not extend further 
than to removal from Office, and disqualification to hold and 
enjoy any Office of honor. Trust, or Profit under the United 
States: but the Party convicted shall nevertheless be liable 
and subject to Indictment, Trial, Judgment, and Punishment, 
according to Law. 

Sectiox 4. The Times, Places, and Manner of holding Elec- 
tions for Senators and Representatives shall be prescribed in 



1 Precedents for this principle of " partial renewals " were found in several 
State Constitutions. 

2 What is the antecedent ? 



554 THE FEDERAL CONSTITUTION 

each State by the Legislature thereof ; but the Congress may 
at any time by Law make or alter such Regulations, except as 
to the Places of chusing Senators.^ 

The Congress shall assemble at least once in every Year, 
and such fleeting shall be on the first Monday in December, 
unless they shall by Law appoint a different Day. 

Sectiox 5. Each House shall be the Judge of the Elections, 
Returns, and Qualifications of its own Members, and a Major- 
ity of each shall constitute a Quorum to do Business ; but a 
smaller Number may adjourn from day to day, and may be 
authorized to compel the Attendance of absent Members, in 
such Manner, and under such Penalties as each House may 
provide. 

Each House may determine the Rules of its Proceedings, 
punish its Members for disorderly Behaviour, and, w^itli the 
Concurrence of two thirds, expel a member. 

Each House shall keep a Journal of its Proceedings, and from 
time to time publish the same, excepting such Parts as may in 
their Judgment require Secrecy; and the Yeas and Nays of the 
Members of either House on any question shall, at the Desire 
of one fifth of those Present, be entered on the Journal. 

Neither House, during the Session of Congress, shall, without 
the Consent of the other, adjourn for more than three days, 
nor to any other Place than that in which the two Houses 
shall be sitting. 

Sectiox 6. The Senatgirs and Representatives shall receive 
a Compensation for their Services, to be ascertained by Law, 

1 A law of 1872 requires all Representatives to be chosen on " the Tuesday 
next after the first Monday in November " in each even-numbered year ; and 
a law of 1871 had already ordered that all such elections should be by ballot. 
An Act of 18(36 provided a uniform method of electing Senators : the legisla- 
tion of each state (in which such an election is to be made) to vote first in 
separate Houses, and, if no one candidate received a majority in each House, 
then thereafter in joint session, taking at least one ballot daily until some 
candidate received a majority, or until the legislative session came to an end 
without an election. Forty-seven years later (1913), this law was superseded 
by the Seventeenth Amendment. 



THE FEDERAL CONSTITUTION 555 

and paid out of the Treasury of the United States.^ They shall 
in all Cases, except Treason, Felony, and Breach of the Peace, 
be privileged from Arrest during their Attendance of the Ses- 
sion of their respective Houses, and in going to and returning j 
from the same; and for any Speech or Debate in either House, 
they shall not be questioned in any other Place. 

]S"o Senator or Representative shall, during the Time for 
which he was elected, be appointed to any civil Office under the 
Authority of the United States, which shall have been created, 
or the Emoluments whereof shall have been encreased during 
such time; and no Person holding any Office under the United 
States, shall be a Member of either House during his Continu- 
ance in Office.^ 

Section 7. All P)ills for raising Revenue shall originate in 
the House of Representatives; but the Senate may propose or 
concur with Amendments as on other Bills. 

Every Bill which shall have passed the House of Representa- 
tives and the Senate, shall, before it become a Law, be pre- 
sented to the President of the United States ; If he approve he 
shall sign it, but if not he shall return it, with his Objections, 
to that House in which it shall have originated, who shall 
enter the Objections at large on their Journal, and proceed to 
reconsider it. If after such Reconsideration two thirds of that 
House shall agree to pass the Bill, it shall be sent, together 
with the Objections, to the other House, by which it shall like- 
wise be reconsidered, and if approved by two thirds of that 
House, it shall become a Law. But in all such Cases the Votes 
of both Houses shall be determined by Yeas and Nays, and 
the Names of the Persons voting for and against the Bill shall 
be entered on the Journal of each House respectively. If any 
Bill shall not be returned by the President within ten Days 
(Sundays excepted) after it shall have been presented to him, 

1 How does this compare with the rule of the Articles of Confederation? 

2 This paragraph, designed to prevent corruption by direct use of the exec- 
utive patronage, was vehemently opposed by Hamilton and Gouverneur Morris. 
See also a similar clause in Articles of Confederation. 



556 THE FEDERAL* CONSTITUTION 

the Same shall be a law, in like Manner as if he had signed it, 
unless the Congress by their Adjournment prevent its Return, 
in which Case it shall not be a Law.^ 

Every Order, Resolution, or Vote to which the Concurrence 
of the Senate and House of Representatives may be necessary 
(except on a question of Adjournment) shall be presented to 
the President of the United States ; and before the Same shall 
take Effect, shall be approved by him, or being disapproved by 
him, shall be repassed by two thirds of the Senate and House 
Of Representatives, according to the Rules and Limitations pre- 
scribed in the Case of a Bill. 



iThe first veto provision iu a State Constitution (New York, 1777) ran as 
follows : — 

" Section III. And whereas laws inconsistent with the spirit of this consti- 
tution, or with the public good, may be hastily and unadvisedly passed : Be it 
ordained that the governor tor the time being, the chancellor, and the judges 
of the supreme court, or any two of them together with the governor, shall be 
and hereby are constituted a council to revise all bills about to be passed into 
laws by the legislature. . . . [Provision for veto procedure and reconsidera- 
tion in language essentially the same as in Massachusetts provision given 
below.] 

" And in order to prevent unnecessary delays, be it further ordained that 
if any bill shall not be returned by the council within ten days after it shall 
have been presented, the same shall be a law, unless the Legislature shall, by 
their adjournment, render a return of the said bill within ten days impracti- 
cable ; in which case the bill shall be returned on the first day of the Legisla- 
ture after the expiration of the ten days." 

The Veto Provision in the Massachusetts Constitution of 1780 ran : — 

" Article II. No bill or resolve of the senate or house of representatives 
shall become a law, and have force as such, until it shall have been laid before 
the governor for his revisal ; and if he, upon such revision, approve thereof, 
he shall signify his approbation by signing the same. But if he have any 
objection to the passing of such bill or resolve, he shall return the same, to- 
gether with his objections thereto, in writing, to the senate or house of repre- 
sentatives, in whatsoever the same shall have originated, who shall enter the 
objections sent down by the governor, at large, on their records, and pi-oceed 
to reconsider the said bill or resolve; but if after such reconsideration, two- 
thirds of the said senate or house of representatives shall, notwithstanding 
the objections, agree to pass the same, it shall, together with the objections, 
be sent to the other branch of the legislature, when it shall also be reconsid- 
ered, and if approved by two-thirds of the members present, shall have the 
force of law ; but in all such cases, the vote of both houses shall be determined 



THE FEDERAL CONSTITUTION 557 

Section 8. The Congress shall have Power To lay and collect 
Taxes, Duties, Imposts, and Excises, to pay the Debts and pro- 
vide for the coninion Defence and general Welfare of the United 
States ; ^ but all Duties, Imposts, and Excises shall be uniform 
throughout the United States ; 

To borrow Money on the Credit of the United States ; 

To regulate Commerce with foreign Nations, and among the 
several States, and with the Indian Tribes ; 

To establish an uniform Rule of Naturalization, ^ and 



by yeas and nays ; and the names of the persons voting for or against the said 
bill or resolve shall be entered upon the public records of the Commonwealth. 

" And in order to prevent unnecessary delays, if any bill or resolve shall not 
be returned by the governor within live days after it shall have been presented, 
the same shall have the force of law." 

The Virginia Plan recommended essentially the New York method. The 
Massachusetts delegates at Philadelphia, however, contended strenuously for 
the plan in use in their State, and finally carried their point. The "pocket- 
veto " clause (the last provision of the text above) was original in the Federal 
Constitution. 

1 Observe punctuation and paragraphing ; and see for comment American 
History and Government, § 204 a. 

^Citizenship, in practice, comes by birth or by admission by a court of 
record under authority of a law of Congress. Two classes of people are citi- 
zens by birth : (1) according to the Fourteenth Amendment, all who are born 
within the limits of the United States (except children of official representa- 
tives of foreign states, of a foreign army occupying part of our territory) ; 
(2) according to a law of Congress, all who are born of parents who are Amer- 
ican citizens but who were temporarily residing abroad. No one not included 
in one of the above classes can become a citizen except by (1) a special Act 
of Congress, or (2) by admission by a court of record under authority of the 
general law passed by Congress. That law has varied from time to time (cf. 
index, for some of the more important variations) ; but the usual period of 
residence required for an alien, previous to admission, has been five years, — 
which is also the present requirement (1913). The present law (passed in 1906) 
requires also a two years' previous "notice of intention," and excludes all 
who cannot " speak " English (unless homesteaders), all polygamists, and all 
who disbelieve in " organized government." Some States, however, permit 
aliens to vote after receiving their "first papers," — i.e., after making the 
preliminary "declaration of intention," before a clerk of court. The final 
admission rests with a judge, — who may make his examination of the appli- 
cant rigid or a mere matter of form. The power has been sometimes abused 
for political purposes, both in excluding and in admitting unfit aliens. 



558 THE FEDERAL CONSTITUTION 

uniform Laws on the subject of Bankruptcies throughout 
the United States ; 

To coin Money, regulate the Value thereof, and of foreign 
Coin, and fix the Standard of Weights and Measures ; 

To provide for the Punishment of counterfeiting the Secu- 
rities and current Coin of the United States ; 

To establish Post Of&ces and post Roads ; 

To promote the Progress of Science and useful Arts, by- 
securing for limited Times to Authors and Inventors the ex- 
clusive Right to their respective Writings and Discoveries ; 

To constitute Tribunals inferior to the supreme Court ; 

To define and punish Piracies and Felonies committed on 
the high Seas, and Offences against the Law of Nations ; 

To declare War, grant Letters of Marque and Reprisal, and 
make Rules concerning Captures on Land and Water ; 

To raise and support Armies, but no Appropriation of Money 
to that Use shall be for a longer Term than two Years; 

To provide and maintain a Navy ; 

To make Rules for the Government and Regulation of the 
land and naval Forces; 

To provide for calling forth the Militia to execute the Laws 
of the Union, suppress Insurrections and rebel Invasions ; 

To provide for organizing, arming, and disciplining, the 
Militia, and for governing such Part of them as may be employed 
in the Service of the United States, reserving to the States 
respectively, the Appointment of the Officers, and the Authority 
of training the Militia according to the discipline prescribed 
by Congress ; 

To exercise exclusive Legislation in all Cases whatsoever, 
over such District (not exceeding ten Miles square) as may, by 
Cession of particular States, and the Acceptance of Congress, 
become the Seat of the Government of the United States, and 
to exercise like Authority over all Places purchased by the 
Consent of the Legislature of the State in which the same 
shall be, for the Erection of Forts, Magazines, Arsenals, dock- 
Yards, and other needful Buildings; — And 



THE FEDERAL CONSTITUTION 559 

To make all Laws which shall be necessary and proper ^ for 
carrying into Execution the foregoing Powers, and all other 
Powers vested by this Constitution in the Government of the 
United States, or in any Department or Ofi&cer thereof. 

Section 9. [The Migration or Importation of such Persons 
as any of the States now existing shall think proper to admit, 
shall not be prohibited by the Congress prior to the Year one 
thousand eight hundred and eight, but a Tax or duty may be 
imposed on such Importation, not exceeding ten dollars for 
each Person,] 

The Privilege of the Writ of Habeas Corpus shall not be 
suspended, unless when in Cases of Eebellion or Invasion the 
public Safety may require it. 

No Bill of Attainder or ex post facto Law shall be passed. 

No Capitation, or other direct,^ Tax shall be laid, unless in 
Proportion to the Census or Enumeration herein before di- 
rected to be taken. 

No Tax or Duty shall be laid on Articles exported from any 
State. 

No Preference shall be given by any Regulation of Commerce 
or Revenue to the Ports of one State over those of another : 
nor shall Vessels bound to, or from, one State, be obliged to 
enter,- clear, or pay Duties in another.^ 

No Money shall be drawn from the Treasury, but in Conse- 
quence of Appropriations made by Law; and a regular State- 
ment and Account of the Receipts and Expenditures of all 
public Money shall be published from time to time. 

No Title of Nobility shall be granted by the United States : 
And no Person holding any Office of Profit or Trust under 
them, shall, without the Consent of the Congress, accept of any 

1 For comment and reference, see American History and Government, 
§§ 204 h, 222, 280 6. Cf. also with enumeration of powers in Articles of 
Confederation. 

2 Modified, so far as " direct" income taxes are concerned, by the Sixteenth 
Amendment. 

3 With what clause in Section 8 might this paragraph have been combined ? 



560 THE FEDERAL CONSTITUTION 

present, Emolument, Office, or Title, of any kind whatever, 
from any King, Prince, or foreign State. 

Sectiox 10. No State shall enter into any Treaty, Alliance, 
or Confederation ; grant Letters of Marque and Reprisal ; coin 
Money ; emit Bills of Credit ; make any Thing but gold and 
silver Coin a Tender in Payment of Debts ; pass any Bill of 
Attainder, ex post facto Law, or Law impairing the Obligation 
of Contracts, or grant any Title of Nobility. 

No State shall, without the Consent of the Congress, lay any 
Imposts or Duties on Imports or Exports, except what may be 
absolutely necessary for executing its inspection Laws : and 
the net Produce of all Duties and Imposts, laid by any State 
on Imports or Exports, shall be for the Use of the Treasury of 
the United States ; and all such Laws shall be subject to the 
Revision and Controul of the Congress. 

No State shall, without the Consent of Congress, lay any 
Duty of Tonnage, keep Troops, or Ships of War in time of 
Peace, enter into any Agreement or Compact with another 
State, or with a foreign Power, or engage in War, unless 
actually invaded, or in such imminent Danger as will not 
admit of delay.^ 

(Exercise on Article One. — Are the names in Section 1 new in American 
history ? Can Congress constitutionally provide for woman suffrage by 
law ? If a Senator from your State were to die to-morrow, how would his 
place be filled ? Would it have been filled differently, if it had happened 
at any other time during the year ? How long would the new Senator keep 
his seat? (The same questions as to a Representative.) How many 
Representatives has your State ? When did it last gain or lose one ? 
How many has the largest State in the Union (cf. World Almanac) ? 
How many has the smallest State ? Do you need a World Almanac to 
answer the last question ? Under what possible conditions can the pre- 
siding officer of the Senate vote even when there is no tie ? With what 
provision in Section 9 is the last paragraph of Section 3 logically connected ? 

1 Additional prohibitions upon the States are contained in the Thirteenth, 
Fourteenth, and Fifteenth Amendments, just as certain additional prohibitions 
upon Congress are contained in Amendments 1-8. Compare with Section 10 
the summary of prohibitions upon the State in the Articles of Confederation. 



THE FEDERAL CONSTITUTION 561 

If a Representative utters plain treason on the floor of the House, can he 
be punished? How? Commit to memory Sections. Make two questions 
upon naturalization and citizenship, based upon the note on page 556. 
Write appropriate headings for each section ; e.g., for Section 8, "Powers 
of Congress.") 

ARTICLE II 

Section 1. The executive Power shall be vested in a Presi- 
dent of the United States of America. He shall hold his 
Office during the Term of four Years, and, together with the 
Vice President, chosen for the same Term, be elected, as follows 

Each State shall appoint, in such Manner as the Legislature 
thereof may direct, a Number of Electors, equal to the whole 
Number of Senators and Representatives to which the State 
may be entitled in the Congress : but no Senator or Represen- 
tative, or Person holding an Office of Trust or Profit under 
the United States, shall be appointed an Elector. 

[The Electors shall meet in their respective States, and vote 
by Ballot for two Persons, of whom one at least shall not be 
an Inhabitant of the same State with themselves. And they 
shall make a List of all the Persons voted for, and of the Num- 
ber of Votes for each ; which List they shall sign and certify, 
and transmit sealed to the Seat of the Government of the 
United States, directed to the President of the Senate. The 
President of the Senate shall, in the Presence of the Senate 
and House of Representatives, open all the Certificates, and 
the Votes shall then be counted. The Person having the 
greatest Number of Votes shall be the President, if such Num- 
ber be a Majority of the whole Number of Electors appointed ; 
and if there be more than one who have such Majority, and 
have an equal Number of Votes, then the House of Representa- 
tives shall immediately chuse by Ballot one of them for Presi- 
dent; and if no Person have a Majority, then from the five 
highest on the List the said House shall in like Manner chuse 
the President. But in chusing the President, the Votes shall be 
taken by States, the Representation from each State having 
one Vote ; A quorum for this Purpose shall consist of a Member 



562 THE FEDERAL CONSTITUTION 

or Members from two thirds of the States, and a Majority of 
all the States shall be necessary to a Choice. In every Case, 
after the Choice of the President, the Person having the great- 
est Number of Votes of the Electors shall be the Vice President. 
But if there should remain two or more who have equal Votes, 
the Senate shall chuse from them by Ballot the Vice Presi- 
dent.] 1 

The Congress may determine the Time of chusing the Elec- 
tors, and the Day on which ikiey shall give their Votes; which 
Day shall be the same throughout the United States. 

No Person except a natural born Citizen, or a Citizen of the 
United States, at the time of the Adoption of this Constitution, 
shall be eligible to the Office of President; neither shall any 
Person be eligible to that Office who shall not have attained to 
the Age of thirty five Years, and been fourteen Years a Eesi- 
dent within the United States. 

In Case of the Removal of the President from Office, or of 
his Death, Resignation, or Inability to discharge the Powers 
and Duties of the said Office, the Same shall devolve on the 
Vice President, and the Congress may by Law provide for the 
Case of Removal, Death, Resignation, or Inability, both of the 
President and Vice President, declaring what Officer shall then 
act as President, and such Officer shall act accordingly, until 
the Disability be removed, or a President shall be elected.^ 

The President shall, at stated Times, receive for his Services, 



1 Superseded by Twelfth Amendment, wliich might have been substituted 
for this paragraph in the body of the document. 

2 In 1792, Congress provided that the president pro tern of the Senate should 
be next in succession, and after him the Speaker of the House. In 188G (Jan. 
19), this undesirable law was supplanted by a new one, placing the succession 
(after the Vice President) in the following order : Secretary of State, Secretary 
of the Treasury, Secretary of War, Attorney-General, Postmaster-General, 
Secretary of the Navy, Secretary of the Interior. Cannot the student see on 
what ground these oiMcers are named in this order? Cf. American History 
and Government, § 215 and note. This provides securely against any interreg- 
num, and (what is almost as important) against a transfer by accident to an 
opposite political party. 



THE FEDERAL CONSTITUTION 563 

a Compensation, which shall neither be encreased nor dimin- 
ished during the Period for which he shall have been elected, 
and he shall not receive within that Period any other Emolu- 
ment from the United States, or any of them.^ 

Before he enter on the Execution of his Office, he shall take 
the following Oath or Affirmation: — 

"I do solemnly swear (or affirm) that I will faithfully exe- 
cute the Office of President of the United States, and will to 
the best of my Ability, preserve, protect, and defend the Con- 
stitution of the United States." 

Sectiox 2. The President shall be Commander in Chief of 
the Army and Navy of the United States, and of the Militia of 
the several States, when called into the actual Service of the 
United States ; he may require the Opinion, in writing, of the 
principal Officer in each of the executive Departments, upon 
any Subject relating to the Duties of their respective Offices,^ 
and he shall have Power to grant Reprieves and Pardons for 
Offences against the United States, except in Cases of Impeach- 
ment. 

He shall have Power, by and Avith the Advice and Consent 
of the Senate, to make Treaties, provided two thirds of the Sen- 
ators present concur; and he shall nominate, and by and with 
the Advice and Consent of the Senate,^ shall appoint Ambassa- 
dors, other public Ministers and Consuls, Judges of the supreme 
Court, and all other Officers of the United States, whose 
Appointments are not herein otherwise provided for, and which 
shall be established by Law: but the Congress may by Law 

1 What is the antecedent of " them " ? The salary of George Washington 
was fixed by the First Congress at $25,000. This amount remained unchanged 
until 1871, when it was made 850,000. In 1909, the salary- was raised to 
$75,000. Large allowances are made also, in these latter days, for expenses of 
various sorts, — one item of $25,000 for instance, for traveling expenses, — 
which is the reason the salary is commonly referred to as $100,0(X). 

2 For the development of the "Cabinet," cf. American Historij and Govern- 
ment, §215. 

3 76., § 214, for different views, at the beginning of the government, as to 
this clause, and for the settlement in practice. 



564 THE FEDERAL CONSTITUTION 

vest the Appointment of such inferior Officers, as they think 
proper, in the President alone, in the Courts of Law, or in the 
Heads of Departments. 

The President shall have Power to fill up all Vacancies that 
may happen during the Recess of the Senate, by granting Com- 
missions which shall expire at the End of their next Session. 

Section 3. He shall from time to time give to the Congress 
Information of the State of the Union, and recommend to their 
Consideration such Measures as he shall judge necessary and 
expedient ; he may, on extraordinary Occasions, convene both 
Houses, or either of them, and in Case of Disagreement between 
them, with Respect to the Time of Adjournment, he may ad- 
journ them to such Time as he shall think proper; he shall 
receive Ambassadors and other public Ministers ; he shall take 
Care that the Laws be faithfully executed, and shall Commis- 
sion all the Officers of the United States. 

Section 4. The President, Vice President, and all civil 
Officers of the United States shall be removed from office on 
Impeachment for, and conviction of, Treason, Bribery, or other 
high Crimes and Misdemeanours. 

ARTICLE III 

Section 1. The judicial Power of the United States, shall 
be vested in one supreme Court, and in such inferior Courts as 
the Congress may from time to time ordain and establish. 
The Judges, both of the supreme and inferior Courts, shall 
hold their Offices during good Behavior, and shall, at stated 
Times, receive for their Services, a Compensation, which shall 
not be diminished during their Continuance in Office. 

Section 2. The judicial Power shall extend to all Cases, in 
Law and Equity, arising under this Constitution, the Laws of 
the United States, and Treaties made, or which shall be made, 
under their Authority ; — to all Cases affecting Ambassadors, 
other public Ministers and Consuls ; — to all Cases of admiralty 
and maritime Jurisdiction ; — to Controversies to which the 
United States shall be a Party ; — to Controversies between 



THE FEDERAL CONSTITUTION 565 

two or more States ; — between a State and Citizens or another 
State ;^ — between Citizens of different States, — between Citi- 
zens of the same State claiming lands under Grants of different 
States, — and between a State, or the Citizens thereof, and 
foreign States, Citizens or Subjects. 

In all Cases affecting Ambassadors, other public Ministers 
and Consuls, and those in which a State shall be Party, the 
supreme Court shall have original Jurisdiction. In all the 
other Cases before mentioned, the supreme Court shall have 
appellate Jurisdiction, both as to Law and Fact, with such Ex- 
ceptions, and under such Regulations as the Congress shall 
make. 

The trial of all Crimes, except in Cases of Impeachment, 
shall be by Jury ; and such Trial shall be held in the State 
where the said Crimes shall have been committed ; but when 
not committed within any State, the Trial shall be at such 
Place or Places as the Congress may by Law have directed. 

Section 3. Treason against the United States, shall consist 
only in levying War against them, or in adhering to their 
Enemies, giving them Aid and Comfort. No Person shall be 
convicted of Treason unless on the Testimony of two Wit- 
nesses to the same overt Act, or on Confession in oj)en Court. 

The Congress shall have Power to declare the Punishment 
of Treason, but no attainder of Treason shall work Corruption 
of Blood, or Forfeiture except during the Life of the Person 
attainted.^ 

(On the appellate jurisdiction, cf. American History and Government, 
§§ 207 a and 217. Section 25 of the Judiciary Act of 1789, still in force, 
defines that jurisdiction as follows : 

^'' And be it further enacted, That a final judgment or decree in any 
suit, in the highest court of law or equity of a State in which a decision 



1 Limited by the Eleventh Amendment to cases begun by a State as plaintiff. 
Cf. American History and Government, § 218. 

2 The last three paragraphs of this section might have been included ad- 
vantageously in a " bill of rights." What preceding paragraphs might have 
be^n so disposed of ? 



566 THE FEDERAL CONSTITUTION 

ill the suit could be had, when is drawn in question the validity of a 
treaty or statute of, or an authority exercised under, the United States, 
and the decision is against their validity; or when is drawn in question 
the validity of a statute of, or an authority exercised under, any State, on 
the ground of their being repugnant to the Constitution, treaties, or laws 
of the United States, and the decision is in favor of such their' validity ; 
or when is drawn in question the construction of any clause of the Con- 
stitution, or of a treaty, or statute of, or commission held under, the 
United States, and the decision is against the title, right, privilege, or 
exemption, especially set up or claimed . . . under such clause of the 
said Constitution, treaty, statute, or commission, may be re-examined, 
and revised or affirmed in the Supreme Court of the United States upon 
a writ of error ..." 

On the establishment of "inferior courts,'' cf. American History and 
Government, § 217. Such courts at present (1913) are from the bottom 
up: — 

1. District Courts. Over ninety in 1911 ; the law of 1789 provided for 
thirteen. 

2. Circuit Courts. Nine, each three justices. The first law, 1789, 
provided three circuit courts, but no special circuit judges ; a circuit court 
then consisted of a justice of the Supreme Court " or circuit " and one or 
more judges of district courts included withhi the circuit. This remained 
the rule with a brief attempt at cliange in 1801, as described in § 240, until 
1866, when separate circuit justices were provided. 

3. Circuit Courts of Appeals. One for each of the nine circuits, com- 
posed of a justice of the Supreme Court and of other Federal judges — 
not less than three in all, and not including any justice from whose deci- 
sion the appeal is taken. This order of courts was instituted in 1891, to 
relieve the Supreme Court which was then hopelessly overburdened with 
appeals from lower courts. In most cases, now, the decision of the circuit 
court of appeals is final. 

4. The Supreme Court. One Chief Justice and eight Associate 
Justices. Its business now is confined very largely to those supremely 
important matters specified in the Constitution and in the law of 1789 
quoted above. 

There are also three special courts, somewhat outside this system : ( 1 ) 
the Federal Court of Claims., to determine money claims against the 
United States, established in 1855 ; (2) Court of Customs Appeals, 
established in 1909 ; and (3) the Commerce Court, created in 1910, to 
revise the work of the Interstate Commerce Commission.) 



THE FEDERAL CONSTITUTION 567 

ARTICLE IV 

Section 1. Full Faith and Credit shall be given in each 
State to the public Acts, Records, and judicial Proceeding of 
every other State. And the Congress may by general Laws 
prescribe the Manner in which such Acts, Records and Pro- 
ceedings shall be proved, and the Effect thereof. 

Section 2. The Citizens of each State shall be entitled to 
all Privileges and immunities of Citizens in the several States.^ 

A Person charged in any State with Treason, Felony, or 
other Crime, who shall flee from Justice, and be found in an- 
other State, shall on Demand of the executive Authority of the 
State from which he fled, be delivered up, to be removed to 
the State having Jurisdiction of the Crime. 

[No Person held to Service or Labour in one State, under 
the Laws thereof, escaping into another, shall, in Consequence 
of any Law or Regulation therein, be discharged from such 
Service or Labour, but shall be delivered up on claim of the 
Party to whom such Service or Labour may be due.]^ 

Section 3. New States may be admitted by the Congress 
into this Union ; but no new State shall be formed or erected 
within the Jurisdiction of any other State ; nor any State be 
formed by the Junction of two or more States, or Parts of 
States, without the consent of the Legislatures of the States 
concerned as well as of the Congress. 

The Congress shall have Power to dispose of and make all 
needful Rules and Regulations respecting the Territory or 
other Property belonging to ^ the United States ; and nothing 
in this Constitution shall be so construed as to Prejudice any 
Claims of the United States, or of any particular State. 

Section 4. The United States shall guarantee to every 
State in this Union a Republican Form of Government, and 



1 Extended by Fourteenth Amendment. 

2 Superseded by Thirteenth Amendment so far as it relates to slaves. 

3 On the significance of this language as to Territory, cf. American History 
and Government, § 260 c. 



568 THE FEDERAL CONSTITUTION 

shall protect each of them against Invasion ; and on Applica- 
tion of the Legislature, or of the Executive (when the Legisla- 
ture cannot be convened) against domestic Violence. 

ARTICLE VI 

The Congress, whenever two thirds of both Houses shall 
deem it necessary, shall propose Amendments to this Consti- 
tution, or, on the Application of the Legislatures of two thirds 
of the several States, shall call a Convention for proposing 
Amendments, which, in either Case, shall be valid to all In- 
tents and Purposes, as Part of this Constitution, when ratified 
by the Legislatures of three fourths of the several States, or by 
Conventions in three fourths thereof, as the one or the other 
Mode of Ratification may be proposed by the Congress ; Pro- 
vided [that no Amendment which may be made prior to the 
Year One thousand eight hundred and eight shall in any Man- 
ner affect the first and fourth Clauses in the Ninth Section of 
the first Article ; and] that no State, without its Consent, shall 
be deprived of its equal Suffrage in the Senate. 

ARTICLE VI 

All Debts contracted and Engagements entered into, before 
the Adoption of this Constitution, shall be as valid against the 
United States under this Constitution, as under the Confedera- 
tion. 

This Constitution, and the Laws of the United States which 
shall be made in Pursuance thereof; and all Treaties made, 
or which shall be made, under the Authority of the United 
States, shall be the supreme Law of the Land ; and the Judges 



1 Article V, as far as to the brackets, should be committed to memory. 
Note the four varieties of amendment provided. Only one has ever been 
used (1913). Congress has always proposed, and State legislatures ratified. 
On the amending clause in general, cf. index to American History and Gov- 
ernment. 



THE FEDERAL CONSTITUTION 569 

in every State shall be bound thereby, any Thing in the Con- 
stitution or Laws of any State to the Contrary notwithstanding.^ 
The Senators and Kepresentatives before mentioned, and the 
Members of the several State Legislatures, and all executive 
and judicial Officers, both of the United States and of the 
several States, shall be bound by Oath or Affirmation, to sup- 
]3ort this Constitution ; but no religious Test shall ever be 
required as a Qualification to any Office or public Trust under 

the United States. 

ARTICLE VII 

The Ratification of the Conventions of nine States, shall be 
sufficient for the Establishment of this Constitution between 
the States so ratifying the Same. 

(Exercise. — Write headings for each Article in the Constitution. Re- 
state Sections 1 and 2 of Article IV in form appropriate for insertion 
in Section 10 of Article I. Cf. with corresponding provisions in the 
Articles of Confederation and in the Constitution of the New England 
Confederation. Can you restate Sections 3 and 4 so as to fit them for 
insertion under any preceding Article ? Observe that Articles I, II, III, 
and V give the framework. Article VII, highly important at the time, 
had but temporary significance.) 

AMENDMENTS 

Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof ; or abridging 
the freedom of speech, or of the press ; or the right of the 
people peaceably to assemble, and to petition the Government 
for a redress of grievances. 

[ii] 

A well regulated Militia, being necessary to the security of 
a free State, the right of the people to keep and bear Arms, 
shall not be infringed. 

iQn the history of this clause, cf. § 207 a. 

2 Originally, the first twelve amendments were not numbered in the official 
manuscripts. 



570 THE FEDERAL CONSTITUTION 

[iii] 

No Soldier shall, in time of peace be quartered in any house, 
without the consent of the Owner, nor in time of war, but in a 
manner to be prescribed by Law. 

[iv] 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no Warrants shall issue, but upon 
probable cause, supported by Oath or affirmation, and partic- 
ularly describing the place to be searched, and the persons or 
things to be seized, 

[V] 

No person shall be held to answer for a capital, or otherwise 
infamous crime, unless on a presentment or indictment of 
a Grand Jury except in cases arising in the land or naval 
forces, or in the Militia, when in actual service in time of war 
or public danger ; nor shall any person be subject for the 
same offence to be twice put in jeopardy of life or limb; nor 
shall be compelled in any criminal case to be a witness against 
himself, nor be deprived of life, liberty, or property, without 
due process of law; nor shall private property be taken for 
public use, without just compensation. 

[vi] 

In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State 
and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, 
and to be informed of the nature and cause of the accusation; 
to be confronted with the witnesses against him ; to have 
compulsory process for obtaining witnesses in his favor, and 
to have the Assistance of Counsel for his defence. 



THE FEDERAL CONSTITUTION 571 

[vii] 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re- 
examined in any Court of the United States, than according to 
the rules of the common law. 

[viii] 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

[ix] 

The enumeration in the Constitution, of certain rights, shall 
not be construed to deny or disparage others retained by the 
people. 

M' 

The powers not delegated to the United States by the Consti- 
tution, nor prohibited by it to the States, are reserved to the 
States respectively or to the people. 

[xi]^ 

The Judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by Citizens of 
another State, or by Citizens or Subjects of any Foreign State. 

[xii]3 ; 

The Electors shall meet in their respective States, and vote 
by ballot for President and Vice President, one of whom, at 

1 These first ten amendments were in force after November 3, 1791. Cf. 
comment in Americaii History and Government, § 216. They are usually- 
referred to as the Bill of Rights. It is a suggestive exercise to rewrite the 
" bill of rights," incorporating all those features of that character which are 
included in the body of the Constitution. 

2 Proclaimed to be in force January 8, 1798. For the history, of. lb., § 217. 
3 Proclaimed in force September 25, 1804. Cf. /&., § 241. 



572 THE FEDERAL CONSTITUTION 

least, shall not be an inhabitant of the same State with them- 
selves; they shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted for as Vice 
President, and they shall make distinct lists of all persons 
voted for as President, and of all persons voted for as Vice 
President, and of the number of votes for each, which lists they 
shall sign and certify, and transmit sealed to the seat of the 
government of the United States, directed to the President of 
the Senate; — The President of the Senate shall, in the pres- 
ence of the Senate and House of Representatives, open all the 
certificates and the votes shall then be counted; — The person 
having the greatest number of votes for President, shall be the 
President, if such number be a majority of the whole number of 
Electors appointed; and if no person have such majority, then 
from the persons having the highest numbers not exceeding 
three on the list of those voted for as President, the House of 
Representatives shall choose immediately, by ballot, the Presi- 
dent. But in choosing the President, the votes shall be taken 
by States, the representation from each State having one vote ; 
a quorum for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Represen- 
tatives shall not choose a President whenever the right of choice 
shall devolve upon them, before the fourth day of March next 
following, then the Vice President shall act as President, as in 
the case of the death or other constitutional disability of the 
President. — The person having the greatest number of votes 
as Vice President, shall be the Vice President, if such number 
be a majority of the whole number of Electors appointed, and 
if no person have a majority, then from the two highest num- 
bers on the list, the Senate shall choose the Vice President; a 
quorum for the purpose shall consist of two-thirds of the whole 
number of Senators, and a majority of the whole number shall 
be necessary to a choice. But no person constitutionally ineli- 
gible to the office of President shall be eligible to that of Vice 
President of the United States. 



THE FEDERAL CONSTITUTION 573 

[xiii] ' 

Section 1. Neither slavery nor involuntary servitude, ex- 
cept as a punishment for crime whereof the party shall have 
been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article 
by appropriate legislation. 

[xiv] 2 

Section 1. All persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge the 
privileges or immunities of citizens of the United States : nor 
shall any State deprive any person of life, liberty, or property, 
without due process of law; nor deny to any person within its 
jurisdiction the equal protection of the laws. 

Section 2. Representatives shall be api3ortioned among 
the several States according to their respective numbers, 
counting the whole number of persons in each State, exclud- 
ing Indians not taxed. But when the right to vote at any 
election for the choice of electors for President and Vice 
President of the United States, Representatives in Congress, 
the Executive and Judicial offices of a State, or the members 
of the Legislature thereof, is denied to any of the male inhabit- 
ants of such State, being twenty one years of age, and citizens 
of the United States, or in any way abridged, except for partici- 
pation in rebellion, or other crime, the basis of representation 
therein shall be reduced in the proportion which the number 
of such male citizens shall bear to the whole number of male 
citizens twenty one years of age in such State. 

Section 3. No person shall be a Senator or Representative 
in Congress, or elector of President and Vice President, or 

1 Proclaimed in force December 18, 1865. On Amendments Thirteen to 
Fifteen inclusive, cf. lb., §§377, 385 ff. 

2 Proclaimed in force July 28, 1868. 



574 THE FEDERAL CONSTITUTION 

hold any office, civil or military, under the United States, or 
under any State, who, having previously taken an oath, as a 
member of Congress, or as an officer of the United States, or 
as a member of any State legislature, or as an executive or 
judicial officer of any State, to support the Constitution of the 
United States, shall have engaged in insurrection or rebellion 
against the same, or given aid or comfort to the enemies there- 
of. But Congress may by a vote of two-thirds of each House, 
remove such disability. 

Section 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for pay- 
ment of pensions and bounties for services in suppressing 
insurrection or rebellion, shall not be questioned. But neither 
the United States nor any State shall assume or pay any debt 
or obligation incurred in aid of insurrection or rebellion against 
the United States, or any claim for the loss or emancipation of 
any slave ; but all such debts, obligations and claims shall be 
held illegal and void. 

Section 5. The Congress shall have power to enforce, by 
appropriate legislation, the provisions of this article. 

Section 1. The right of citizens of the United States to vote 
shall not be denied or abridged by the United States or by any 
State on account of race, color, or previous condition of servi- 
tude. 

Section 2. The Congress shall have power to enforce this 
article by appropriate legislation. 

[xvi] 2 

The Congress shall have power to lay and collect taxes on 
incomes, from whatever source derived, without apportionment 
among the States, and without regard to any census or enumera- 
tion. 

1 Proclaimed in force March 30, 1870. 

2 Ratified in 1913, while these pages were at press. 



THE FEDERAL CONSTITUTION 575 

[xvii] ^ 

The Senate of the United States shall be composed of two 
Senators from each State, elected by the people thereof for six 
years ; and each Senator shall have one vote. The electors in 
each State shall have the qualifications requisite for electors of 
the most numerous branch of the State Legislatures. 

When vacancies happen in the representation of any State 
in the Senate, the executive authority of such State shall issue 
writs of election to fill vacancies : Provided, that the Legislature 
of any State may empower the executive thereof to make 
temporary appointments until the people fill the vacancies by 
election as the legislature may direct. 

This amendment shall not be so construed as to affect the 
election or term of any Senator chosen before it becomes valid 
as a part of the Constitution. 

1 Ratified in 1913, while these pages were at press. 



INDEX OF SOURCES 



The Writings of statesmen or the Records of a colony are sometimes 
indexed twice, — once by title, under the name of the subject, and once 
by the name of the editor. The latter is done, however, only in cases 
where it is customary to quote the work with the editor's name, as with 
Hening's Statutes. Authors' and editors' names, when standing first, are 
in heavy-faced type. Titles, even when the work is indexed by title 
rather than by editor, are in italics. Each entry closes with a list of the 
selections in this volume which are based upon it. In many cases the in- 
troduction to the first number in each such list contains additional biblio- 
graphical material, when it seems worth while to present such material 
anywhere. 

Adams, John, The Works of (Boston ; Bradford, William, Pliimouth Plan 



edited by Charles Francii- 
Nos. 130 a, b, c, 146, 



10 vols 
Adams) 

Adams, John, Letters of, addressed to 
his Wife (Boston ; 2 vols.). No. 138 6. 

Arber, Edward (editor), The Story 
of the Pilgrim Fathers (London). 
No. 48 a. 

Arnold, Samuel Greene, History 
of Rhode Island (Providence; 2 
vols.). No. 90. 

" Aspinwall Papers," the, in Massa- 
chusetts Historical Society Collec- 
tions, 4th series, IX. No. 31 b. 

Bacon (editor), The Laivs of Mary- 
land. See Maryland. 

Bancroft, Georg-e, History of the 
Constitution (New York, 2 vols.). 
No. 162. 

Besse, Joseph, A Collection of the 
Siiferinr/s of the People called 
Quakers (London; 1753). No. 88. 

Boston Toion Records (Report of the 
Record Commissioners for 1887). 
No. 122. 



tation ("Original Narratives" edi- 
tion). Nos. 43, 44, 45. 

British Record Office, The manuscript 
Charter of the Company of West- 
minster for the Plantation of Provi- 
dence Isle. No. .55. 

Brown, Alexander, The First Re- 
pid)Uc in America (Houghton). No. 
3, note. 

Genesis of the United States 

(Houghton; 2 vols.). Nos. 4, 5, 
7, 10, 18, 22. 

Burroug-hs. Edward, A Declaration 
of the Sad and Great Persecution 
and Martyrdom of Quakers in 
Neio Engla7id {London; 1660). No. 
88 6. 

Calendar of State Papers, Colonial 
Series, 1574-1660 (W. Noel Sains- 
bury, editor). No. 55. 

Calvin, John, Institutes (the transla- 
tion of 1813, London). No. 61. 

Congress, Journals of the Continental 
(Ford edition). Nos. 130 c, d, 138 a. 
140, 141. 



576 



INDEX OF SOURCES 



577 



lb. (Philadelphia edition, 1801). No. 
148, a, b. 

Connecticut, Colonial Records of 
(Hartford ; 15 vols.) . Nos. 93, 97. 

Documentary History of the Consti- 
tution (Washington; Government 
Printing Office; 4 vols.). No. 153. 

Dorchester Toion Records (edited by 
the Boston Record Commissioners). 
Nos. 66, 81. 

Drayton, Michael, Poems (London ; 
1619). No. 4. 

Eddes, William, Letters from Amer- 
ica (London; 1792). No. 116. 

Federal Convention, The Records of 
the (edited by Farrand). 3 vols. 
Nos. 155, 156, 157, 158, 160, 163. 

Force, Peter (editor), American 
Archives, Fourth Series (Washing- 
ton ; 6 vols.). Nos. 125 a, 127, 128 
a, b, c, 129 a, b, c, d, e, 131, 132 or, b, 
134, 135. 

Historical Tracts (Wtishington ; 

1836; 4 vols.). Nos. 6, 9, 23, 26, 62 c. 

Franklin, Benjamin, The Works of 
(Smyth edition ; Putnam's ; 10 vols.) . 
No. 114 a. 

"Goodspeed to Virginia" (in Brown's 
Genesis of the United States). No. 
5. 

Gorges, Sir Ferdinando, "Briefe 
Narration," Massachusetts Histor- 
ical Society Collectloyis , 3d series, 
VI. Nos. 51 a, 53 note. 

Hakluyt, Richard, Voyages . . . 
and Discoveries of the English Na- 
tion (published in 1589; quoted here 
from the Goldschmid edition) . Nos. 
2, 15. 

A Discourse on Western Plant- 
ing (republished in the Maine His- 
torical Society Collections, 2d series, 
II). No. 3. 



Hamilton, Alexander, The Works of 
(Federalist edition ; Putnam's ; 12 
vols.). No. 159. 

Hazard, Ebenezer (editor), Histor- 
ical Co/lections of State Papers. 
(Commonly quoted as Hazard's State 
Papers. Washington, 1792 ; 2 vols.). 
Nos. 29, 30, 39 a, b, 42, 46 addendum, 
51a. 

Hazard, Samuel (editor) ; Annals 
of Pennsylvania (Philadelphia). 
No. 103. 

Hening, William W. (editor) , Stat- 
utes at Large, being a Collection of 
the Laios of Virginia. (Richmond, 
1823; 13 vols.) Nos. 17, 31, 33, M, 
35, 105, 106, 109. 

Hig-ginson, Francis, " Relation of 
New England's Plantation" (1629; 
reprinted in Young's Chronicles of 
Massachusetts Bay). No. 59 d. 

Holinshed, Raphael, Chronicles of 
England, Scotland, and Ireland 
(London; 1577). No. 1. 

Hutchinson, Thomas (editor). Col- 
lection of Original Papers (pub- 
lished as a third volume, in the 
nature of an appendix, of his History 
of Massachusetts Bay). Nos. 53, 
58 6, 59 a, 76 a, 86, 110. 

History of Massachusetts Bay 

(London; 1769). Nos. 60 a, 75, 76 b, 
92. 

Jefferson, Thomas, The Writings of 
(Ford edition ; Putnams ; 10 vols.) . 
Nos. 123 a, 136 addendum. 

Jefferson, Thomas, The Works of 
(Washington edition ; 9 vols.). No. 
125 b. 

Johnson, Captain Edward, The 

Wonder-working Providence of 
Slons Saviour In Neiv England 
(London; 1654). No. 54 b. 

Kingsbury, Susan (editor), Records 
of the Virginia Company of Lon- 



578 



INDEX OF SOURCES 



don (Washington, 1906). See Vir- 
ginia. 

Lechford, Thomas, Plaine Dealing 
(1641 ; republished in Massachusetts 
Historical Society Collections). No. 
85. 

Madison, James, Journal of the 
Philadelphia Convention (also in 
Farrand's Records of the Federal 
Convention). Nos. 159, 161. 

Marston, John, Eastward Hoe ! 
(Loudon; 1605). No. 8. 

Maryland, Proceedings of the Conven- 
tions of (Baltimore). No. 139. 

Mason, George, Life and Correspon- 
dence of (by Kate Mason Rowland ; 
2 vols.). Nos. 121 note, 136 adden- 
dum, 162. 

Massachusetts, Colonial Records of 
(Boston ; 7 vols. ; edited by Nathan- 
iel Shurtleff). Nos. 53, 5*7, 58 a, c, 
65, 72, 75 6, 80 addendum, 82. 

Massachusetts, Historical Society Col- 
lections. Nos. 31 b, 41, 47, 53, 85, 107. 

Massachusetts Bay, Acts and Re- 
solves of the Province of (Boston ; 
7 vols.) 110 h. 

Minot, George Richards, History 
of the Insurrections in Massachu- 
setts in the Year MDCCLXXXVI 
(Worcester; 1788). No. 151 6. 

Moore, Frank (editor). Diary of the 
American Revolution (Scribner's; 
2 vols.). No. 142 6. 

Morris, Gouverneur, Life and Writ- 
ings of (Sparks' edition; 3 vols.). 
No. 150. 

Neill, Edward D., The Virginia Com- 
pany (Albany, N. Y. ; 1869). No. 18. 

Virginia and Virginiola (Albany, 

N. Y.; 1878). No. 11. 

New Hampshire, Provincial Papers 
of (Concord ; by a series of editors) . 
No. 110. 



New Haven, Colonial Records of 
(Hartford, 2 vols.). No. 94. 

Neio Jersey Archives, First Series, 
Vols. XXV and XXVII ("News- 
paper Extracts ' ' for 1769-1770 and 
1770-1771). Nos. 117, 120 d. 

New York, Documents relative to the 
Colonial History of (by a series 
of editors). Nos. 99, 101, 111 d, 
114 &. 

Niles, Hezekiah, Principles and Acts 
of the Revolution in America 
(Baltimore; 1822). No. 142 c. 

North Carolina, Colonial Records of 
(Raleigh ; 10 vols. ; edited by W. L. 
Saunders). No. Ill a. 

Nova Britannia (London; 1609; re- 
published in Force's Historical 
Tracts). Nos. 6, 20. 

Peckham, Sir George, True Report 
[of Gilbert's Voyage], (1582; repub- 
lished in Hakluyt's Voyages). 
No. 2. 

Pennsylvania, Charters and Laws of 
(Harrisburg; 1879). No. 102. 

Plymouth Colony, Records of (Bos- 
ton ; 12 vols.). Nos. 94, 95, 96. 

Poore, Benjamin Perley (editor). 
Charters and Constitutions (Wash- 
ington ; Government Printing 
Office). No. 15. 

Purchas, Samuel, Purchas his Pil- 
grlmes (1625 ; London ; 4 vols.). No. 
19 a. 

Ramsey, David, History of the 

American Revolution (1789; 2 

vols.). No. 145. 
Rhode Island, Colonial Records of 

(Providence; 10 vols.). Nos. 91, 

98. 
Rowland, Kate Mason, Life and 

Correspondence of George Mason 

(New York; 2 vols.). See George 

Mason. 



INDEX OF SOURCES 



579 



Scharf, J. Thomas, History of 
Maryland (Philadelphia; 3 vols.)- 
Nos. 36, 38. 

Scharf and Westcott, History 
of Philadelphia (Philadelphia; 3 
vols.). Nos. 124, 143. 

Smith, Captain John, CompleteWorks 
of (Birmingham edition) . Nos. 13, 
14, 48 b, 60 b. 

Statutes at Large, from Magna Carta 
to 1869 (Cambridge, 110 vols. ; com- 
monly quoted, from the editor, as 
Pickering's Statutes). Nos. 100 c, 
118, 119. 

Stith, William, History of Virginia, 
(1747; edited by Sabin and re- 
printed in 1865). Nos. 16, 20, 21. 

Thorpe, Francis (editor), American 
Charters and Constitutions (Wash- 
ington ; Government Printing Office ; 
7 vols.). No. 15. 

Tyler, Moses Coit, Literary History 
of the American Revolution (Put- 
nam's; 2 vols.). 144. 

United States, Revised Statutes of 
(1878). No. 147. 

Virginia, Calendar of State Papers of 
(Richmond ; 11 vols.). No. 133. 

Virginia, Colonial Records of (edited 
by Wynne and Gilman). No. 25. 

Virginia, Journals of the House of 
Burgesses of (Putnam's; 10 vols.). 
Nos. 120 a, b, c, 123 b, 125 c, d, e, f. 

Virginia Company of London, Rec- 
ords of the (Washington; 1906; 2 



vols.; edited by Susan Kingsbury). 
Nos. 12, 24, 26 28. 
Virginia Magazine of History and 
Biography (Richmond). Nos. 31 b, 
ol a,b, c, 108. 

Ward, Nathaniel, The Simple Cob- 
bler of Aggaioamm (London ; 1647). 
No. 84 a. 

Washington, George, The Writings of 
(Washington edition). Nos. 121 b, 
151 b. 

Watertoion, Records of the Tovjn of. 
No. 83. 

White, John, Brief Relation (1630; 
reprinted in Young's Chronicles). 
No. 56. 

Whitmore, W. H., Bibliographical 
Sketch of the Laws of the Massachur- 
setts Colony (Boston). No. 78. 

Winthrop, John, History of Neio 
England ("Original Narratives" 
edition). Nos. 62, 64, 67, 68, 69, 70, 
71, 73, 74, 77, 79, 80. 

Winthrop, John, Life and Letters of 
(Boston ; 2 vols. ; edited by Robert 
C. Winthrop). Nos. 59 a, b, c, 62 6. 

Writings of Lace (a series of letters 
from Federalists attacking John 
Hancock in the campaign of 1789) . 
No. 164. 

Young, Alexander (editor). Chroni- 
cles of Massachusetts (Boston ; 1846). 
Nos.'56, 59 d. 

Zeng-er, John Peter, Brief Narra- 
tive of the Case and Try all of John 
Peter Zenger (New York; 1738). 
No. 113. 



SUBJECT INDEX 

The references are to the numbers of selections, not to pages. 



Adams, John, account of debates in 
Continental Congress, 130a ; impres- 
sions of First Continental Congress, 
130 b ; on resolution of Congress of 
May 15, 177(3, for State governments 
138 b ; on first independent govern- 
ment in South Carolina, ib. ; on anti- 
social tendencies of pre-Revolution- 
ary measures (the horse-jockey 
client), 142. 

Ag-g-awamm, the Simple Cobbler 
of, see Ward. 

Albany Plan, the, for union of col- 
onies, 114 a and b. 

Albion, Charter of the Province 
of (1<)34), representative feature, 39. 

Annapolis Convention, the, re- 
garded as part of an aristocratic 
plot, 152; its call for the Federal 
Convention, 153. 

Avalon, Baltimore's colony of, 36 ; 
charter the first royal grant recog- 
nizing popular government, 38, 39. 

Bacon, Nathaniel, Rebellion, lOG- 
109; "Bacon's laws," 106; Bacon's 
Proclamation, 107 ; causes of rebel- 
lion, 108; reforms of, abolished, 109. 

Ballot, used by London Company in 
England, 23, 28 (2), 28 (3) ; used in 
Massachusetts first, 67 o, note ; 
adopted legally for general elections 
in Massachusetts General Court, 70 ; 
used for secrecy in a Boston town 
election, 71 ; develops from " prox- 
ies," 73. 

Baltimore, First Lord, the, letter 
from Avalon to Charles I, 36. 



Berkeley, Sir William, Commission 
of 1641 authorizing the Assembly, 
32 a ; report of 1671 on conditions in 
Virginia, 104. See Bacon. 

Bill of Rights, the first, in Virginia 
(June, 1776), 136. 

"Body of Liberties," the (of Mas- 
sachusetts), 77, 78. 

Boston Port Bill, effect in Virginia, 
125. 

Boston tov7n meeting, and colonial 
politics, 111 c; 122. 

Bradford, William, charter from 
New England Council, 49; surrender 
of charter to colonists, 50. 

Cambridge Agreement, the, 58 b. 

Charter colonies, recommendation 
of Board of Trade to abolish, 111 a. 

Charters, Royal to Proprietors ; Gil- 
bert's, of 1578 (and Raleigh's of 
1584) , 15 ; Baltimore's for Maryland, 
37 ; for Avalon, 38 ; for New Albion 
and Maine, 39; Duke of York's for 
New York, 101 ; Penn's for Pennsyl- 
vania, 102. Royal to proprietary 
corpojxitions in England : First Vir- 
ginia Charter (to London and Plym- 
outh branches of a colonizing com- 
pany) , 16 ; Second Charter, 20 ; Third 
Charter, 21 ; to New England Coun- 
cil (1620) , 42 ; to Massachusetts Bay 
Company, 53 ; to Company of West- 
minster for Providence Isle, 55. 
Royal to ^^corporations iipon the 
place" : parliamentary to Williams 
in 1648, 91 ; Connecticut Charter of 
1662, 97; Rhode Island (1663), 98; 



580 



SUBJECT INDEX 

The references are to the numbers of selections. 



581 



Massachusetts (1691), 110. From 
proprietary corporations or propri- 
etors to settlers: Virginia Company 
of London to Virginians, 25, 27; to 
intending Pilgrim settlers (Wincob 
charter), 43, 45 ; New England Coun- 
cil to Pierce for Plymouth, 47 ; to 
Bradford, 49; to Robert Gorges as 
proprietor in Massachusetts, 51 ; 
Penn's grants to Pennsylvanians — 
Laws agreed upon in England, 103 a ; 
Charter of 1701, 103 h. 

Child, Robert, demand for the fran- 
chise in Massachusetts for Presby- 
terians, 86. 

Christison, Wenlock, trial as a 
Quaker, 88 b. 

Colonial Department (English), 
established, 99. 

Colonization, hardships, of Balti- 
more in Avalon, 36; at Jamestown, 
19 ; in Massachusetts Bay, 62 a, h, c. 

Committees of Correspondence 
(Revolutionary) , towns in Massachu- 
setts, 122 ; intercolonial — Jeffer- 
son's account of creation, 123; reso- 
lution of Virginia, Burgesses for, 
123 b ; correspondence of, 123 c ; and 
regarding call for Continental Con- 
gress, 125/. 

Confederation, New England, 94, 95, 
9(i; Franklin's "Albany Plan," 114; 
Continental Congress, 125 ff. ; de- 
bates in Congress regarding charac- 
ter of, 146 ; the Articles, 147 ; anar- 
chy under, 150, 151. 

Connecticut, Fundamental Orders, 
93 ; charter, 97 ; refusal to accept a 
royal commander of militia. 111 d. 

Connecticut Compromise, in the 
Federal Convention, 161. 

Constitution, the Federal, Annap- 
olis Convention, 152; call for Phila- 
delphia Convention, 153; credentials 
of delegates, 154 ; George Mason on 
preliminaries and on aristocratic 
forces in, 155, 157 ; Virginia Plan, 



156; New Jersey Plan, 158; Hamil- 
ton's Plan, 159; the critical day's 
debate on the Connecticut Compro- 
mise, 161 ; ratification, 162 ff. ; docu- 
ment and amendments, 165. 

Continental Congress, the First, 
proposed by Virginia ex-Burgesses, 
125 e ; Rhode Island appoints dele- 
gates, 125 / ; " called " by Massa- 
chusetts, 126 ; suggested also by Vir- 
ginia county, 127 ; method of voting 
decided, 130 a; Adams' impressions 
of, 130 b ; Declaration of Rights, 130 
c; and the Association, 130 d. 

Cotton, Rev. John, denounces de- 
mocracy, 67 a, 71, 75 (addendum); 
letter to English lords on Massachu- 
setts conditions, 75; on rules of fair 
trade, 79; against toleration, 84 c. 

Crashaw, "Daily Prayer," for use 
in Virginia, 9; sermon before Dela- 
ware's expedition (on players), 10. 

Cushman, Robert, to Pastor Robin- 
son, 43. 

Dale, Sir Thomas, to London Com- 
pany, on glories of Virginia, 12. 

Dates, New Style and Old, 21. 

Democracy, decried by Puritan 
leadei-s: Calvin, 61; Cotton and 
Winthrop, 67 (/, 71, 75 (addendum), 
77, 80 ; and sumptuary legislation 
in Massachusetts, 75 b ; denounced 
by Hamilton in Federal Convention, 
159; establishes government by 
town meeting, 66. 

Dorchester, school code, 81. 

Drayton, Ode to the Virginian 
Voyage, 4. 

Ducking" stool, the, 115. 

Dudley, Thomas, to Countess of 
Lincoln on first winter in Massachu- 
setts, 62 c. 

" Eastward Hoe ! ", 8. 
Exeter, " Combination of Settlers '' 
at, 46 (addendum). 



582 



SUBJECT INDEX 

The, references are to the numbers of selections. 



Fairfax County (Virginia), resolu- 
tions for First Continental Congress, 
129 b ; for Revolutionary militia, 132. 

Fauquier, Francis (Governor of 
Virginia), to Lords of Trade, on 
resignation of Mercer, Stamp Dis- 
tributor, 120 c. 

Fletcher (Governor of New York), 
and Connecticut militia, 111 d. 

Franchise, in Virginia, 35, 105, 107, 
109; in Massachusetts, denied to 
Presbyterians, 86. 

Frankland, State of, 148. 

Franklin, Benjamin, Albany plan 
of, 114 a and b ; characterized in 
Federal Convention by Pierce, 160. 

Free speech, denied in Massachu- 
setts in 1635, 69, 77 ; vindicated in 
New York in Zenger trial, 113. 

French Alliance, the Conservatives' 
fear of, 144. 

" Gentlemen," in 16th century Eng- 
land, 1 ; in early Virginia, 19 b ; in 
colonial Massachusetts, 75 a and b. 

Georgia, credentials of delegates to 
Federal Convention, 154. 

Gilbert, Sir Humphrey, charter, 15. 

" Goodspeed to Virginia," on 
motives for colonization, 5. 

Gorges, Sir Ferdinando, and grant 
of Massachusetts, 39 b ; and reor- 
ganization of Plymouth Council, 42 ; 
"Briefe Narration" of, 51 a, 53 
note. 

Gorges, Robert, grant from Plym- 
outh Council (representative fea- 
tures), 51 a, 53 note. 

Hakluyt, Rev. Richard, on motives 
for colonization, 3. 

Hamilton, Alexander, plan for the 
Constitution (denunciation of de- 
mocracy), 159; character sketch of, 
in Federal Convention, 160. 

Hamilton, James, and the Zenger 
trial, 113. 



Hancock, John, and inducement to 
favor the Constitution, 164. 

Harvey, Sir John, " Propositions 
for Virginia," suggesting restora- 
tion of the Assembly, 32 a. 

Henry, Patrick, Stamp Act Reso- 
lutions, 120 a ; creation of Commit- 
tees of Correspondence, 123 a ; and 
call for First Continental Congress, 
125 b; in debates in Congress ("I 
am not a Virginian "), 130 a. 

Higginson, Rev. Francis, Agree- 
ment with Massachusetts Company, 
56; Relation, 5^) d. 

Higginson, Stephen, on John Han- 
cock and ratification of Constitu- 
tion, 164. 

Hutchinson, Thomas, and Boston 
town meeting, 122. 

Indentured servants, see White 
sercants. 

Independence, Virginia county in- 
structions for, 134; Virginia Con- 
vention, instructions for, 135; 
Virginia Declaration of, 137; Con- 
gressional resolutions for independ- 
ent State governments, 138 a and b 
State instructions against, 139 
Lee's motion for in Congress, 140 
the Declaration , 140 ; sets free social 
forces, 145. 

Industry in common, in early Vir- 
ginia, 17, 18 ; in Plymouth, 44. 

James I, instructions to Jamestown 
expedition, 17; attempts to control 
elections in London Company, 28. 

Jefferson, Thomas, proposition for 
the franchise in first Virginia con- 
stitution, 13<3 (addendum) ; and 
Virginia declaration of independ- 
ence, 137; and Declaration of July 
4, 141; and Ordinance of 1784, 
148 a. 

Keayne, Captain Robert, and ex- 
orbitant trading profits, 79; and 



SUBJECT INDEX 

The references are to the numbers of selections. 



583 



the " sow 

setts, 80. 



business " in Massachu- 



Laborers, in England, 1; in Massa- 
chusetts and wage legislation, 65; 
condition of White servants in 1774:, 
116, 117. 

Laws, of Virginia in 1619, 25 ; Plym- 
outh code of 1636, 50; of early 
Massachusetts, 65; sumptuary dis- 
crimination against classes below 
the gentry, 75; the "Body of Liber- 
ties," 78; later Virginian, 105, 106; 
late colonial, regarding White serv- 
ants, 117. 

Lee, Richard Henry, and county 
resolutions against Stamp Act, 

120 h ; and creation of Committees 
of Correspondence, 123 a ; and call 
for First Continental Congress, 125 h ; 
and Westmoreland County resolu- 
tions, 129 a; and motion for inde- 
pendence, 140. 

Local Government, see Toion meet- 
ing. 

London Company, see Virginia 
Company. 

Loyalists (in Revolution), parody 
"to sign or not to sign," 142 &; 
correspondence with a committee 
of safety, 143; pretended diary to 
show danger in French alliance, 
144. See Moh violence. 

Maine, grant of to Gorges (repre- 
sentative government), 39 h. 

Maryland, early, 36, 37, 38, 39, 40; 
Second Provincial Convention of, a 
government, 132 (introduction) ; in- 
structions against independence, 
139. 

Mason, Georg-e, and Virginia non- 
importation agreement of 1769, 

121 h, note ; declares the Third Vir- 
ginia Convention a government, 
133 c; and Virginia Bill of Rights, 
136 (addendum) ; on democratic and 
aristocratic forces in the Federal 



Convention, 155, 157; objections to 
signing the Constitution, 162, 163. 

Massachusetts, to 1660,41 ff. ; early 
beginnings at Salem, 52; charter of 
1629, 53 ; docket of charter, 54 ; ques- 
tion of transfer of charter to Amer- 
ica, 55 (and addendum) ; decision to 
transfer the charter, 58 ; decision of 
Puritan gentlemen to remove to 
Massachusetts, 59; early hardships 
and religious matters, 62; oligarchic 
usurpations, 63 ; Watertown protest 
and some democratic gains, 64; aris- 
tocratic legislation, 65; beginning of 
town government, 66 ; establishment 
of representative government, 67 ; 
religious controversies, 74; social 
conditions, 75; danger of English 
interference, 76 ; demand for written 
laws, 77 ; social conditions as shown 
in town legislation, 83 ; and religious 
persecution, 84, 85, 86, 88; English 
relations after 1660, 100 ; charter of 
1691, 110 h ; in the Revolution, 122 
ff. (See Table of Contents.) 

Mayflower Compact, the, 46. 

Mercer, Colonel, induced to resign 

as Stamp Distributor, 120 c. 
Ministers in Virginia, not to " give 

themselves to excesse of drinking," 

33. 
Mob violence, pre-Revolutionary, 

120 c, d, 124; after Declaration of 

Independence, 142 o, 6, c. 
Morris, Gouverneur, on the hope for 

a military dictator, 150; character 

sketch in Federal Convention, 160. 

Navigation Acts, 100 a, 6, c; 118. 

New Eng-land Confederation, con- 
stitution, 94; Massachusetts de- 
mands more weight in, 95 ; nullifica- 
tion by Massachusetts, 96. 

New England Council, 42. See 
Plymouth Council. 

New Hampshire, commission of 
royal governor of, 112. 



584 



SUBJECT INDEX 

The refei^ences are to the mimbers of selections. 



New Jersey, advertisements for run- 
away (White) servants, 117. 

New Jersey Plan, in Federal Con- 
vention, 158. 

'* New Style," in dates, 21, note. 
New York, charter to Duke of York, 

101. 
North Sea passage, to be sought 

for by first Virginia expedition, 18. 

Northwest Ordinance, the, 149 6. 

Nullification, in New England Con- 
federation, 96. 

" Old Style," dates, 21, note. 

Ordinance of 1621, for Virginia, 27. 

Ordinance of 1784, for organizing 
the National Domain, 149 a. 

Ordinance of 1789, for the North- 
west, 149 b. 

Otto, Louis Guillaume, to Ver- 
gennes, on Annapolis Convention as 
a plot of the aristocratic classes, 152. 

Parody, a Tory's, on Hamlet's solilo- 
quy, 142 b. 

Peirce, John, charter for Plymouth, 
47. 

Penn, William, grant of Pennsyl- 
vania, 102; grants to the settlers, 
103 a and 6. 

Percy, Master George, "Dis- 
course," on first weeks in James- 
town, 19 a. 

Pierce, William, character sketches 
by, of men of the Federal Conven- 
tion, 160. 

Pillory, the, 115. 

Plymouth Council, a branch of the 
first Virginia Company, 16 (section 
v) ; reorganized by charter of 1620, 
42; grants, to the Pilgrims, 47, 49; 
to Gorges, for Massachusetts, 51. 

Plymouth Plantation, delay in 
securing Wincob charter, 43; arti- 



cles of partnership with London 
merchants, 44; a "body politic" 
before sailing, 45 ; Mayflower Com- 
pact, 46 ; the Peirce charter, 47 ; 
early history, 48 a and b ; the Brad- 
ford charter, 49; surrender of the 
same to the colony, 50 ; first code of 
laws, 50. 
Presbyterians, excluded from the 
franchise in early Massachusetts, 86. 

Providence Isle, charter to Com- 
pany of Westminster for plantation 
of, 55. 

Puritans (Massachusetts), political 
principles of, 61 ; not Separatists, 52, 
60, 62. 

Quakers, persecution in Massachu- 
setts, 88; and Rhode Island, 92. 

Randolph, Edmund, Report of 1676 
on Massachusetts, 110. 

Religious freedom, toleration in 
Maryland, 40; persecution in Massa- 
chusetts, 84, 85, 86, 87, 88; freedom 
in Rhode Island, 89, 90, 91, 92; in 
Pennsylvania, 103. 

Representative government, first 
representative assembly (Virginia), 
25; preserved in Virginia against 
James and Charles, 29, 30, 31, 32; 
first royal authorization of (Mary- 
land charter), 37; also in charters 
for Avalon and Maine, 38, 39; in 
Gorges grant of 1623, 51 ; established 
in Massachusetts, 61-67. 

Revolution, the, pre-Revolutionary 
agitation, 114-124; rise of Revolu- 
tionary governments, 125-133; Inde- 
pendence, 134-144; social forces set 
free by, 145. 

Rhode Island, religious freedom, 
89-92. 

Robinson, Pastor John, on the 
terms of partnership between Pil- 
grims and London merchants, 44, 
note; farewell letter, 45. 



SUBJECT INDEX 

The references are to the numherH of selections. 



585 



Rogers, Rev. Ezekiel, champion of 
democracy in Early Massachusetts, 
77 (addendum). 

Sabbath in Virginia, no traveling 
on, 33 (4). 

Salem, White's Relation of the be- 
ginning of, 52. 

Saltonstall, Richard, signer of 
Cambridge Agreement, 58 6 ; letter 
urging religious freedom, 84 c. 

Sandys, Sir Edwin, letter to stock- 
holders of London Company, 11 ; and 
the Company's Declaration of 1620, 
26 ; and interference of King James 
against reelection, 28 (1) ; and Plym- 
outh Colony, 43. 

Schools, in Massachusetts : Dorches- 
ter regulations, 81 ; compulsory edu- 
cation, 82 n ; State system, 82 b. In 
Virginia (^Berkeley's Report), 104, 

Selectmen, first established at Dor- 
chester, 66. 

"Servants," see White servants. 

Shays' Rebellion, Hampshire 
County Grievances, 151a; and 
Washington's alarm, 151 b. 

Smith, Captain John, on the Lon- 
don Company (not mercenary), 13; 
last plea for colonization (for Mas- 
sachusetts), 14; on "gentlemen" in 
Virginia, 19 6 ; on Plymouth in 
1624, 48 b ; Massachusetts Puritans 
not Separatists, 60 6. 

Spain, and English colonization, 
3 (ch. v.), 5, 6; danger of Spanish 
attack on Jamestown, 22. 

Stamp Act, the, 119; reception in 
America : Henry's resolutions, 
120 a ; Virginia county resolutions 
against, 120 b ; Virginia Stamp Dis- 
tributor induced to resign, 120 c; 
mob violence, 120 d. 

Stoughton, Israel, disfranchised 
for criticizing Massachusetts gov- 
ernment, 69. 



Sugar Act, of 1733, 100 c; of 1764, 
118. 

Sydney, Sir Philip, on American 
colonization, 3, note. 

Tea riots, 124. 

Town meeting, establishment at 
Dorchester, 66, and at Watertown, 
83; use of ballot in, 73 6; recog- 
nized in "Body of Liberties," 78; 
typical records of from Watertown 
(illustrating New England society), 
83; at Boston, political activity in 
affairs of the province. 111 c, and 
pre-Revolutionary (town commit- 
tees of correspondence), 122. 

Two-House legislature, evolution 
of in Massachusetts, 68, 69, 80. 



Virginia, motives for colonization, 
patriotic and religious, 2, 3, 4, 5, 6, 
7, 9, 10, 11, 13, 14 ; ridiculed {East- 
ward Hoe), 8; praised by Dale, 12; 
classes of colonists, 7; "gentle- 
men" in, 19 b; under King and 
Company, 16-19; Charter of 1609 
(under the Company), 20; Charter 
of 1612, 21; danger from Spain, 22; 
under the liberal London Company 
(which see), 23-28; iirst Represen- 
tative Assembly, 25 ; a royal prov- 
ince, 29-33; royal commissions 
ignoring Assembly, 29, 30; Assem- 
bly's declaration, " No taxation 
without representation," 31 a; pro- 
tests in favor of Assembly, 31 b ; 
restoration of Assembly, 32; legis- 
lation, moral and financial, 33: 
under the Commonwealth, 34-35 ; 
franchise, 35, 105, 106, 109; under 
the second Stuarts — Bacon's Rebel- 
lion and suppression of reforms, 
105-109; in pre-Revolutionary agi- 
tation, 121 ff . ; non-importation 
agreement, 121 a and b ; originates 
intercolonial Committees, 123 a 
and b ; suggests Continental Con- 
gress, 125 a, b, c, d, e, /, g\ calls 



586 



SUBJECT INDEX 

The references are to the numbers of selections. 



provincial convention, 128 a and h ; 
county meetings — instructions to 
delegates to provincial convention, 
128 c, 129 a, b, c, d, e; county ap- 
proval of Continental Congress' 
Associations, 131 ; county conven- 
tions become governments (Fairfax 
County), 132, 133 a; Second Pro- 
vincial Convention a government 
de facto, 133 b ; Third Convention 
(July, 1775) , a government in form 
also, 133 c; Charlotte County in- 
structions for independence, 134; 
Convention instructs delegates in 
Continental Congress to move for 
independence, 135 ; resolves upon an 
independent State constitution, ib.; 
Bill of Rights, 136; State declara- 
tion of independence, 137. 

Virginia Company, the, pamphlets 
in favor of, 5, 6; "True and Sin- 
cere Declaration" of, 7; Smith's 
vindication of, 13; charter of 1606, 
15; instructions from King James, 
17 ; instructions from the Council in 
England, 18; charter of 1609, 20; 
charter of 1612, 21 ; rules adopted 
by the liberal management in 1619, 
23; "Order" recognizing right of 
settlers to share in government, 24 ; 
first charter to settlers (noticed in 
records of Assembly), 25; " Declara- 
tion" of 1620, 26; Ordinance of 
1621, 27 ; struggle with the King for 
right of free election, 28. 

Virginia Plan, the, in Federal Con- 
vention, 156. 

"Ward, Rev. Nathaniel, argument 

against religious toleration, 84. 

Washington, George, and Vir- 
ginia's non-importation association 
of 1769, 121 b, note ; and Fairfax 
County resolutions of 1774, 129 b ; 
and Fairfax County organization of 
Revolutionary militia, 132; and 
Shays' Rebellion, 151 b. 

Watertown Protest, the, 64. 



WatertOTvn Records, extracts 
from, illustrating social conditions, 
83. 

Western territory, debates on in 
Continental Congress, 146; desire 
for Statehood, 148; Ordinance of 
1784, 149 a ; Northwest Ordinance, 
149 6. 

Weymouth, Captain George, rec- 
ord of voyage to Maine, 41. 

Wheelwright, Rev. John, and 
petition for free speech, 74. 

White, Rev John, account of begin- 
nings of Massachusetts, 52. 

White "servants," corporal pun- 
ishment, 65; classified (in 1774), 
116 ; advertisements for runaways 
(1769, 1774), 117. 

Williams, Roger, on religious free- 
dom, IKJ. 

Winslow, Edward, letter to friend 
in England on the beginnings of 
Plymouth, 48 a. 

Winthrop, John, signer of Cam- 
bridge Agreement, 58 b ; argument 
for making Massachusetts a Puritan 
settlement, 59 ; reasons for coming 
to America, 59 b ; farewell letter to 
the Church of England, 60 a; on 
early hardships in the colony, 62 a 
and b ; decries democracy, 64, 67, 
71, 73, 77; denies free speech, 69; 
denies right of petition, 77. 

Winthrop, John, Jr., decision to 
come to Massachusetts, 59 c. 

Wise, Rev. John, on Englishmen's 
dislike for arbitrary government, 
111 b. 

Written laws, demand for in Massa- 
chusetts, 77. 

Yeardley, Sir George, and Vir- 
ginia Representative Assembly, 25. 
Yeomen, English, in 16th century, 1. 

Zenger, John Peter, and free 
speech, 113. 



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